Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … ations/p54/2022/b/xml/cycle01/source (Init. & Date) _______ Page 1 of 35 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 54 Cat. No. 14999E Contents What's New . . . . . . . . . . . . . . . . . . 2 Department of the Tax Guide for Reminders . . . . . . . . . . . . . . . . . . . 2 Treasury Internal Introduction . . . . . . . . . . . . . . . . . . 2 Revenue U.S. Citizens and Service Chapter 1. Filing Information . . . . . . . 3 Filing Requirements . . . . . . . . . . . 3 Resident Aliens Nonresident Alien Spouse Treated as a Resident . . . . . . . . 7 Estimated Tax Payments . . . . . . . . 8 Abroad Other Forms You May Have To File . . . . . . . . . . . . . . . . . . . 8 Chapter 2. Withholding Tax . . . . . . . . 8 For use in preparing Income Tax Withholding . . . . . . . . 8 30% Flat Rate Withholding . . . . . . . 9 Social Security and Medicare 2022 Returns Taxes . . . . . . . . . . . . . . . . . 9 Chapter 3. Self-Employment Tax . . . . 10 Who Must Pay Self-Employment Tax? . . . . . . . . . . . . . . . . . 10 Exemption From Dual-Country Social Security and Medicare Taxes . . . . . . . . . . 10 Chapter 4. Foreign Earned Income and Housing: Exclusion – Deduction . . . . . . . . . . . . . . . 11 Who Qualifies for the Exclusions and the Deduction? . . . . . . . . 11 Requirements . . . . . . . . . . . . . . 11 Waiver of Time Requirements . . . . 15 Foreign Earned Income Exclusion . . . . . . . . . . . . . . 18 Foreign Housing Exclusion and Deduction . . . . . . . . . . . . . . 20 Form 2555 . . . . . . . . . . . . . . . 22 Chapter 5. Deductions and Credits . . . . . . . . . . . . . . 22 Items Related to Excluded Income . . . . . . . . . . . . . . . 22 Contributions to Foreign Charitable Organizations . . . . . 22 Contributions to Individual Retirement Arrangements . . . . . 23 Taxes of Foreign Countries and U.S. Territories . . . . . . . . . . . 23 How To Report Deductions . . . . . . 24 Chapter 6. Tax Treaty Benefits . . . . . 25 Purpose of Tax Treaties . . . . . . . . 25 Common Benefits . . . . . . . . . . . 25 Competent Authority Assistance . . . 25 Obtaining Copies of Tax Treaties . . . 26 Chapter 7. How To Get Tax Help . . . . 26 Index . . . . . . . . . . . . . . . . . . . . . 34 Section references are to the Internal Revenue Get forms and other information faster and easier at: Code unless otherwise noted. • IRS.gov (English) • IRS.gov/Korean (한국어) • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) Nov 17, 2022 |
Page 2 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. taxpayers certified as owing a seriously delin- or the substantial presence test for the calendar quent tax debt. The State Department is gener- year. Future Developments ally prohibited from issuing or renewing a pass- 1. Green card test. You are a U.S. resident For the latest information about developments port to a taxpayer with seriously delinquent tax if you were a lawful permanent resident of related to Pub. 54, such as legislation enacted debt. the United States at any time during the after it was published, go to IRS.gov/Pub54. If you currently have a valid passport, the calendar year. This is known as the green State Department may revoke your passport or card test because resident aliens hold im- limit your ability to travel. Additional information migrant visas (also known as green on passport certification is available at IRS.gov/ cards). What's New Passports. 2. Substantial presence test. You are con- Standard deduction amount increased. For Individual taxpayer identification number sidered a U.S. resident if you meet the 2022, the standard deduction amount has been (ITIN) renewal. An ITIN for a nonresident alien substantial presence test for the calendar increased for all filers. The amounts are: spouse or dependent used on a prior-year in- year. To meet this test, you must be physi- • Single or Married filing sepa- come tax return may require renewal. For more cally present in the United States on at rately—$12,950; information, go to IRS.gov/ITIN. least: • Married filing jointly or Qualifying surviving Figuring tax on income not excluded. If you spouse—$25,900; and claim the foreign earned income exclusion, the a. 31 days during the current calendar • Head of household—$19,500. housing exclusion, or both, you must figure the year; and Due to the increase in the standard de- tax on your nonexcluded income using the tax b. A total of 183 days during the current duction, you may be required to file a rates that would have applied had you not year and the 2 preceding years, new Form W-4. For more information, claimed the exclusions. See the Instructions for counting all the days of physical pres- go to IRS.gov/Payments/Tax-Withholding. Form 1040 and complete the Foreign Earned ence in the current year, but only /1 3 Income Tax Worksheet to figure the amount of the number of days of presence in the Exclusion amount. The maximum foreign tax to enter on Form 1040 or 1040-SR, line 16. first preceding year, and only / the 1 6 earned income exclusion is adjusted annually If you must attach Form 6251, Alternative Mini- number of days in the second preced- for inflation. For 2022, the maximum exclusion mum Tax—Individuals, to your return, use the ing year. has increased to $112,000. See Limit on Ex- Foreign Earned Income Tax Worksheet provi- cludable Amount under Foreign Earned Income ded in the Instructions for Form 6251. Example. You were physically present in Exclusion in chapter 4. Moving expenses suspended. The deduc- the United States for 120 days in each of the Housing expenses—base amount. The tion for moving expenses is suspended unless years 2020, 2021, and 2022. To determine if computation of the base housing amount (line you are a member of the U.S. Armed Forces you meet the substantial presence test for 32 of Form 2555) is tied to the maximum foreign who moves pursuant to a military order and inci- 2022, count the full 120 days of presence in earned income exclusion. The amount is 16% dent to a permanent change of station. 2022, 40 days in 2021 ( / of 120), and 20 days 1 3 in 2020 ( / of 120). Because the total for the 1 6 of the exclusion amount (figured on a daily ba- Tax home for individuals serving in a com- 3-year period is 180 days, you are not consid- sis), multiplied by the number of days in your bat zone. New rules apply for certain individu- ered a resident under the substantial presence qualifying period that fall within your 2022 tax als serving in a combat zone in support of the test for 2022. year. For 2022, this amount is $49.10 per day U.S. Armed Forces. For more information, see Even if you do not meet either of these tests, ($17,920 per year). See Housing Amount under Tax Home in chapter 4. you may be able to choose to be treated as a Foreign Housing Exclusion and Deduction in Form 8938. If you had foreign financial assets U.S. resident for part of the year under the chapter 4. in 2022, you may have to file Form 8938 with first-year choice test, discussed in Pub. 519. Housing expenses—maximum amount. The your return. See Form 8938 in chapter 1. For more information on resident and non- amount of qualified housing expenses eligible Photographs of missing children. The IRS is resident status, the tests for residence, and the for the housing exclusion and housing deduc- a proud partner with the National Center for exceptions to them, see Pub. 519. tion has changed for some locations. See Limit Missing & Exploited Children® (NCMEC). Pho- on housing expenses under Foreign Housing tographs of missing children selected by the Filing information. Chapter 1 contains gen- Exclusion and Deduction in chapter 4. Center may appear in this publication on pages eral filing information, such as: Self-employment tax rate. For 2022, the that would otherwise be blank. You can help • Whether you must file a U.S. tax return, maximum amount of net earnings from self-em- bring these children home by looking at the • When and where to file your return, ployment that is subject to the social security photographs and calling 1-800-THE-LOST • How to report your income if it is paid in part of the self-employment tax has increased (1-800-843-5678) if you recognize a child. foreign currency, to $147,000. All net earnings are subject to the • How to treat a nonresident alien spouse as Medicare part of the tax. For more information, a U.S. resident, and see chapter 3. Introduction • Whether you must pay estimated tax. IRA limitations for 2022. You may be able to This publication discusses special tax rules for take an IRA deduction if you were covered by a U.S. citizens and resident aliens who work Withholding tax. Chapter 2 discusses the retirement plan and your 2022 modified adjus- abroad or who have income earned in foreign withholding of income, social security, and ted gross income (MAGI) is less than $78,000 countries. Medicare taxes from the pay of U.S. citizens ($129,000 if married filing jointly or a qualifying If you are a U.S. citizen or resident alien, and resident aliens. surviving spouse). These limits are increased your worldwide income is generally subject to from 2021. If your spouse was covered by a re- U.S. income tax, regardless of where you are Self-employment tax. Chapter 3 discusses tirement plan, but you were not, you may be living. Also, you are subject to the same income who must pay self-employment tax. able to take an IRA deduction if your 2022 tax filing requirements that apply to U.S. citi- Foreign earned income exclusion and MAGI is less than $214,000. See the zens or resident aliens living in the United housing exclusion and deduction. Chap- Instructions for Form 1040 for details and ex- States. Expatriation tax provisions apply to U.S. ter 4 discusses income tax benefits that apply if ceptions. citizens who have renounced their citizenship you meet certain requirements while living and long-term residents who have ended their abroad. You may qualify to treat up to $112,000 residency. These provisions are discussed in of your income as not taxable by the United chapter 4 of Pub. 519. States. You may also be able to either deduct Reminders Resident alien. A resident alien is an individ- part of your housing expenses from your in- Denial or revocation of U.S. passport. The ual who is not a citizen or national of the United come or treat a limited amount of income used IRS is required to notify the State Department of States and who meets either the green card test for housing expenses as not taxable by the Page 2 Publication 54 (2022) |
Page 3 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. United States. These benefits are called the for- Getting tax forms, instructions, and pub- chapter 7 for information about getting these eign earned income exclusion and the foreign lications. Go to IRS.gov/Forms to download publications and forms. housing deduction and exclusion. current and prior-year forms, instructions, and To qualify for either of the exclusions or the publications. deduction, you must have a tax home in a for- Filing Requirements eign country and earn income from personal Ordering tax forms, instructions, and services performed in a foreign country. These publications. Go to IRS.gov/OrderForms to rules are explained in chapter 4. order current forms, instructions, and publica- If you are a U.S. citizen or resident alien, the tions; call 800-829-3676 to order prior-year rules for filing income, estate, and gift tax re- If you are going to exclude or deduct your in- forms and instructions. The IRS will process turns and for paying estimated tax are generally come as discussed above, you must file Form your order for forms and publications as soon the same whether you are in the United States 2555. as possible. Don’t resubmit requests you’ve al- or abroad. ready sent us. You can get forms and publica- Your income, filing status, and age generally Deductions and credits. Chapter 5 dis- tions faster online. determine whether you must file an income tax cusses deductions and credits you may be able to claim on your return. These are generally the return. Generally, you must file a return for 2022 same as if you were living in the United States. if your gross income from worldwide sources is However, if you choose to exclude foreign at least the amount shown for your filing status earned income or housing amounts, you can’t in the following table. deduct or exclude any item or take a credit for any item that is related to the amounts you ex- Filing Status* Amount clude. Among the topics discussed in chapter 5 1. Single . . . . . . . . . . . . . . . . . . . . . . . . . $12,950 are: 65 or older . . . . . . . . . . . . . . . . . . . $14,700 • Contributions to foreign organizations, Head of household . . . . . . . . . . . . . . . $19,400 • Contributions to individual retirement ar- 65 or older . . . . . . . . . . . . . . . . . . . $21,150 rangements (IRAs), and Filing Qualifying surviving spouse . . . . . . . . $25,900 • Foreign taxes. 65 or older . . . . . . . . . . . . . . . . . . . $27,300 Information Married filing jointly . . . . . . . . . . . . . . $25,900 Tax treaty benefits. Chapter 6 discusses Not living with spouse at end of some benefits that are common to most tax year . . . . . . . . . . . . . . . . . . . . . . . . $5 treaties and explains how to get help if you think Topics One spouse 65 or older . . . . . . . . . $27,300 you are not receiving a treaty benefit to which This chapter discusses: Both spouses 65 or older . . . . . . . $28,700 you are entitled. It also explains how to get cop- Married filing separately . . . . . . . . . . . $5 ies of tax treaties. • Whether you have to file a return, * If you are the dependent of another taxpayer, see • When to file your return and pay any tax How to get tax help. Chapter 7 is an explana- due, the Instructions for Form 1040 (and 1040-SR) for tion of how to get information and assistance • How to treat foreign currency, more information on whether you must file a return. from the IRS. • How to file electronically, • Where to file your return, Questions and answers. Frequently asked • When you can treat your nonresident alien Note. If you are married and entitled to file questions and answers to those questions are spouse as a resident, and jointly, use the married filing jointly threshold presented in the back of the publication. • When you may have to make estimated unless your spouse has filed a separate return tax payments. or another taxpayer claims your spouse as a Comments and suggestions. We welcome dependent. your comments about this publication and sug- gestions for future editions. Useful Items Gross income. This includes all income you You can send us comments through You may want to see: receive in the form of money, goods, property, IRS.gov/FormComments. Or, you can write to and services that is not exempt from tax. the Internal Revenue Service, Tax Forms and Publication For purposes of determining whether you must file a return, gross income includes any in- Publications, 1111 Constitution Ave. NW, 3 3 Armed Forces' Tax Guide come that you can exclude as foreign earned IR-6526, Washington, DC 20224. Although we can’t respond individually to 501 501 Dependents, Standard Deduction, income or as a foreign housing amount. each comment received, we do appreciate your and Filing Information If you are self-employed, your gross income feedback and will consider your comments and 505 505 Tax Withholding and Estimated Tax includes the amount on Part I, line 7, of suggestions as we revise our tax forms, instruc- Schedule C (Form 1040). tions, and publications. Don’t send tax ques- 519 519 U.S. Tax Guide for Aliens tions, tax returns, or payments to the above ad- 970 970 Tax Benefits for Education Self-employed individuals. If your net earn- dress. ings from self-employment are $400 or more, Getting answers to your tax questions. Form (and Instructions) you must file a return even if your gross income is below the amount listed for your filing status If you have a tax question not answered by this 1040-ES 1040-ES Estimated Tax for Individuals in the table shown earlier. Net earnings from publication or the How To Get Tax Help section at the end of this publication, go to the IRS In- 1040-X 1040-X Amended U.S. Individual Income self-employment are defined in Pub. 334. teractive Tax Assistant page at IRS.gov/ Tax Return 65 or older. You are considered to be age 65 Help/ITA where you can find topics by using the 2350 2350 Application for Extension of Time To on the day before your 65th birthday. For exam- search feature or viewing the categories listed. File U.S. Income Tax Return ple, if your 65th birthday is on January 1, 2023, Getting answers to your tax questions. 2555 2555 Foreign Earned Income you are considered 65 for 2022. If you have a tax question not answered by this publication or the How To Get Tax Help section 4868 4868 Application for Automatic Extension Residents of U.S. territories. If you are (or at the end of this publication, go to the IRS In- of Time To File U.S. Individual were) a bona fide resident of a U.S. territory, teractive Tax Assistant page at IRS.gov/ Income Tax Return you may be required to file Form 8898. See the Help/ITA where you can find topics by using the 8822 8822 Change of Address instructions for the form, available at IRS.gov/ search feature or viewing the categories listed. Form8898 for more information. All of these forms, instructions, and publications can be downloaded from IRS.gov. See Chapter 1 Filing Information Page 3 |
Page 4 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. When To File and Pay are a U.S. citizen or resident alien, and on the you do not file Form 4868. For more infor- regular due date of your return: mation, see the instructions for your tax re- If you file on a calendar year basis, the due date • You are living outside the United States turn. and Puerto Rico and your main place of for filing your return is April 15 of the following business or post of duty is outside the Uni- When to file. Generally, you must request year. If you file on a fiscal year basis (a year ted States and Puerto Rico, or the 6-month extension by the regular due date ending on the last day of any month except De- You are in military or naval service on duty of your return. cember), the due date is 3 months and 15 days • outside the United States and Puerto Rico. after the close of your fiscal year. In general, the Previous 2-month extension. If you can- tax shown on your return should be paid by the If you use a calendar year, the regular due not file your return within the automatic 2-month due date of the return, without regard to any ex- date of your return is April 15. Even if you are al- extension period, you can generally get an ad- tension of time for filing the return. lowed an extension, you will have to pay inter- ditional 4 months to file your return, for a total of est on any tax not paid by the regular due date 6 months. The 2-month period and the 6-month When the due date for doing any act for tax of your return. period start at the same time. You have to re- purposes—filing a return, paying taxes, etc.— quest the additional 4 months by the new due falls on a Saturday, Sunday, or legal holiday, Married taxpayers. If you file a joint return, date allowed by the 2-month extension. the due date is delayed until the next business either you or your spouse can qualify for the au- The additional 4 months of time to file (un- day. tomatic extension. If you and your spouse file like the original 2-month extension) is not an ex- separate returns, this automatic extension ap- tension of time to pay. You must make an accu- A tax return delivered by the U.S. mail plies only to the spouse who qualifies for it. rate estimate of your tax based on the ! or a designated delivery service that is How to get the extension. To use this au- information available to you. If you find you can- CAUTION postmarked or dated by the delivery not pay the full amount due with Form 4868, service on or before the due date is considered tomatic 2-month extension, you must attach a to have been filed on or before that date. Go to statement to your return explaining which of the you can still get the extension. You will owe in- IRS.gov/PDS for the current list of designated two situations listed earlier qualified you for the terest on the unpaid amount from the original services. extension. due date of the return. You may also be charged a penalty for pay- Automatic 6-month extension. If you are not ing the tax late unless you have reasonable Direct Pay option. You can pay online with a able to file your return by the due date, you can cause for not paying your tax when due. Penal- direct transfer from your bank account using Di- generally get an automatic 6-month extension ties for paying the tax late are assessed from rect Pay, the Electronic Federal Tax Payment of time to file (but not of time to pay). To get this the original due date of your return, unless you System (EFTPS), or by debit or credit card. You automatic extension, you must file a paper qualify for the automatic 2-month extension. In can also pay by phone using EFTPS or by debit Form 4868 or use IRS e-file (electronic filing). that situation, penalties for paying late are as- or credit card. For more information, go to For more information about filing electronically, sessed from the extended due date of the pay- IRS.gov/Payments. see E-file options, later. ment (June 15 for calendar year taxpayers). The form must show your properly estima- Additional extension of time for taxpayers Foreign wire transfers. If you have a U.S. ted tax liability based on the information availa- out of the country. In addition to the 6-month bank account, you can use: ble to you. extension, taxpayers who are out of the country • EFTPS, or • Federal Tax Collection Service (same-day You may not be eligible. You cannot can request a discretionary 2-month additional wire transfer). ! use the automatic 6-month extension extension of time to file their returns (to Decem- If you do not have a U.S. bank account, ask if CAUTION of time to file if: ber 15 for calendar year taxpayers). your financial institution has a U.S. affiliate that • You want the IRS to figure your tax, or To request this extension, you must send can help you make same-day wire transfers. • You are under a court order to file by the the IRS a letter explaining the reasons why you For more information, visit EFTPS.gov. Also, regular due date. need the additional 2 months. Send the letter by the extended due date (October 15 for calendar see the International Guide for Paying Federal year taxpayers) to the following address: Taxes Electronically, available at E-file options. You can use e-file to get an download.EFTPS.gov/ extension of time to file. You can either file Department of the Treasury International_Taxpayer_Fact_Sheet_1010.pdf. Form 4868 electronically or you can pay part or Internal Revenue Service all of your estimate of tax due using a credit or Austin, TX 73301-0045 Extensions debit card or direct transfer. You can do this by phone or over the Internet. You don’t file Form You will not receive any notification from the You can get an extension of time to file your re- 4868. IRS unless your request is denied. turn. In some circumstances, you can also get First, complete Form 4868 to use as a work- The discretionary 2-month additional exten- an extension of time to file and pay any tax due. sheet. If you think you may owe tax when you sion is not available to taxpayers who have an file your return, use Part II of the form to esti- approved extension of time to file on Form However, if you pay the tax due after the mate your balance due. 2350, discussed next. regular due date, interest will be charged from Then, do one of the following. the regular due date until the date the tax is 1. E-file Form 4868. You can use a tax soft- Extension of time to meet residency tests. paid. ware package with your personal com- You cannot generally get an extension of more puter or a tax professional to file Form than 6 months. However, if you are outside the This publication discusses four extensions: 4868 electronically. You will need to pro- United States and meet certain requirements, an automatic 2-month extension, an automatic vide certain information from your tax re- you may be able to get a longer extension. 6-month extension, an additional extension for turn for 2021. If you wish to make a pay- You can get an extension of more than 6 taxpayers out of the country, and an extension ment by electronic funds withdrawal, see months to file your tax return if you need the of time to meet residency tests. If you served in the instructions for Form 4868. If you e-file time to meet either the bona fide residence test a combat zone or qualified hazardous duty Form 4868, do not also send a paper or the physical presence test to qualify for either area, see Pub. 3 for a discussion of extensions Form 4868 unless you also mail a check or the foreign earned income exclusion or the for- of deadlines. money order for your tax payment. eign housing exclusion or deduction. The tests, the exclusions, and the deduction are explained 2. E-file and pay by credit or debit card. in chapter 4. Automatic 2-month extension. You are al- You can get an extension by paying part or You should request an extension if all three lowed an automatic 2-month extension to file all of your estimate of tax due by using a of the following apply. your return and pay federal income tax if you credit or debit card. You can do this by phone or over the Internet. If you do this, 1. You are a U.S. citizen or resident alien. Page 4 Chapter 1 Filing Information |
Page 5 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. You expect to meet either the bona fide a trade or business that maintains separate country, include a separate information return residence test or the physical presence books and records. for each country. test, but not until after your tax return is due. Even if you have a QBU, your functional cur- Income becomes unblocked and reportable rency is the dollar if any of the following apply. for tax purposes when it becomes convertible, 3. Your tax home is in a foreign country (or • You conduct the business in U.S. dollars. or when it is converted, into U.S. dollars or into countries) throughout your period of bona • The principal place of business is located other money or property that is convertible into fide residence or physical presence, in the United States. U.S. currency. Also, if you use blocked income whichever applies. • You choose to or are required to use the for your personal expenses or dispose of it by If you are granted an extension, it will gener- U.S. dollar as your functional currency. gift, bequest, or devise, you must treat it as un- ally be to 30 days beyond the date on which • The business books and records are not blocked and reportable. you can reasonably expect to qualify for an ex- kept in the currency of the economic envi- clusion or deduction under either the bona fide ronment in which a significant part of the If you have received blocked income on residence test or the physical presence test. business activities is conducted. which you have not paid tax, you should check How to get an extension. To obtain an ex- Make all income tax determinations in your to see whether that income is still blocked. If it is tension, file Form 2350 either by giving it to a lo- functional currency. If your functional currency not, you should take immediate steps to pay tax cal IRS representative or other IRS employee or is the U.S. dollar, you must immediately trans- on it, file a declaration or amended declaration by mailing it to: late into U.S. dollars all items of income, ex- of estimated tax, and include the income on pense, etc. (including taxes), that you receive, your tax return for the year in which the income Department of the Treasury pay, or accrue in a foreign currency and that will became unblocked. Internal Revenue Service affect computation of your income tax. Use the Austin, TX 73301-0045 exchange rate prevailing when you receive, If you choose to postpone reporting blocked pay, or accrue the item. You can generally get income and in a later tax year you wish to begin exchange rates from banks and U.S. Embas- including it in gross income although it is still You must file Form 2350 by the due date for sies. You may also need to recognize foreign blocked, you must obtain the permission of the filing your return. Generally, if both your tax currency gain or loss on certain foreign cur- IRS to do so. To apply for permission, file Form home and your abode are outside the United rency transactions. See section 988 and the 3115, Application for Change in Accounting States and Puerto Rico on the regular due date regulations thereunder. Method. You must also request permission from of your return and you file on a calendar year the IRS on Form 3115 if you have not chosen to basis, the due date for filing your return is June If you have a QBU with a functional currency defer the reporting of blocked income in the 15. that is not the U.S. dollar, make all income de- past, but now wish to begin reporting blocked terminations in the QBU's functional currency, income under the deferred method. See the What if tests are not met. If you obtain an and, where appropriate, translate such income Instructions for Form 3115 for information on extension and unforeseen events make it im- or loss at the appropriate exchange rate. changing your accounting method. possible for you to meet either the bona fide residence test or the physical presence test, you should file your income tax return as soon Blocked Income Fulbright Grant as possible because you must pay interest on any tax due after the regular due date of the re- You must generally report your foreign income All income must be reported in U.S. dollars. In turn (even though an extension was granted). in terms of U.S. dollars and, with one exception most cases, the tax must also be paid in U.S. (see Fulbright Grant, later), you must pay taxes dollars. If, however, at least 70% of your Ful- You should make any request for an due on it in U.S. dollars. bright grant has been paid in nonconvertible for- ! extension early, so that if it is denied eign currency (blocked income), you can use CAUTION you still can file your return on time. If, because of restrictions in a foreign coun- the currency of the host country to pay the part Otherwise, if you file late and additional tax is try, your income is not readily convertible into of the U.S. tax that is based on the blocked in- due, you may be subject to a penalty. U.S. dollars or into other money or property that come. is readily convertible into U.S. dollars, your in- Return filed before test is met. If you file come is “blocked” or “deferrable” income. You Paying U.S. tax in foreign currency. To a return before you meet the bona fide resi- can report this income in one of the following qualify for this method of payment, you must dence test or the physical presence test, you two ways. prepare a statement that shows the following in- must include all income from both U.S. and for- • Report the income and pay your federal in- formation. eign sources and pay the tax on that income. If come tax with U.S. dollars that you have in • You were a Fulbright grantee and were you later meet either of the tests, you can claim the United States or in some other country. paid in nonconvertible foreign currency. the foreign earned income exclusion, the for- • Postpone the reporting of the income until • The total grant you received during the eign housing exclusion, or the foreign housing it becomes unblocked. year and the amount you received in non- deduction on Form 1040-X. convertible foreign currency. If you choose to postpone the reporting of • At least 70% of the grant was paid in non- Foreign Currency the income, you must file an information return convertible foreign currency. with your tax return. For this information return, The statement must be certified by the U.S. ed- you should use another Form 1040 or 1040-SR ucational foundation or commission paying the You must express the amounts you report on labeled “Report of Deferrable Foreign Income, grant or other person having control of grant your U.S. tax return in U.S. dollars. If you re- pursuant to Rev. Rul. 74-351.” You must de- payments to you. ceive all or part of your income, or pay some or clare on the information return that you will in- You should prepare at least two copies of all of your expenses, in foreign currency, you clude the deferrable income in your taxable in- this statement. Attach one copy to your Form must translate the foreign currency into U.S. come for the year that it becomes unblocked. 1040 or 1040-SR and keep the other copy for dollars. How you do this depends on your func- You must also state that you waive any right to identification purposes when you make a tax tional currency. Your functional currency is gen- claim that the deferrable income was includible deposit of nonconvertible foreign currency. erally the U.S. dollar unless you are required to in your income for any earlier year. For detailed use the currency of a foreign country. information see Rev. Rul. 74-351, 1974-2 C.B. Figuring actual tax. When you prepare You must make all federal income tax deter- 144. your income tax return, you may owe tax or the entire liability may have been satisfied with your minations in your functional currency. The U.S. You must report your income on your infor- estimated tax payments. If you owe tax, figure dollar is the functional currency for all taxpayers mation return using the foreign currency in the part due to (and payable in) the nonconver- except some qualified business units (QBUs). A which you received that income. If you have tible foreign currency by using the following for- QBU is a separate and clearly identified unit of blocked income from more than one foreign mula. Chapter 1 Filing Information Page 5 |
Page 6 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Adjusted Does My Return Have To Be Send your return to: gross on Paper? Virgin Islands Bureau income that is blocked Tax on IRS e-file (electronic fil- of Internal Revenue income × Total = blocked ing) is the fastest, easi- 6115 Estate Smith Bay Total U.S. tax income est, and most conven- St. Thomas, Virgin Islands 00802 adjusted ient way to file your income tax return gross electronically. income Non-USVI resident with USVI income. If you IRS e-file offers accurate, safe, and fast alterna- are a U.S. citizen or resident alien and you have You must attach all of the following to the re- tives to filing on paper. IRS computers quickly income from sources in the USVI or income ef- turn. and automatically check for errors or other fectively connected with the conduct of a trade • A copy of the certified statement discussed missing information. or business in the USVI, and you are not a bona earlier. fide resident of the USVI during your entire tax • A detailed statement showing the alloca- Note. Returns with a foreign address can be year, you must file identical tax returns with the tion of tax from amounts received in for- e-filed. United States and the USVI. File the original re- eign currency and the rates of exchange turn with the United States and file a signed used in determining your tax liability in U.S. How to e-file. There dollars. are three ways you can copy of the U.S. return (including all attach- • The original deposit receipt for any bal- e-file. ments, forms, and schedules) with the Virgin Is- lands Bureau of Internal Revenue. ance of tax due that you paid in noncon- 1. Use your personal computer. You must complete Form 8689 and attach a vertible foreign currency. 2. Use a volunteer. Many programs offering copy to both your U.S. return and your USVI re- Figuring estimated tax on nonconverti- free tax help can e-file your return. turn. You should file your U.S. return with the ble foreign currency. If you are liable for esti- address listed under Where To File, earlier. mated tax (discussed later), figure the amount 3. Use a tax professional. Most tax professio- See Pub. 570 for information about filing you can pay to the IRS in nonconvertible foreign nals can e-file your return. U.S. Virgin Islands returns. currency using the following formula. These methods are explained in detail in the in- structions for your tax return. Resident of Guam. If you are a bona fide resi- Adjusted dent of Guam during your entire tax year, you gross income should file a return with Guam. that is Estimated Where To File Send your return to: blocked Total tax on income × estimated U.S. = blocked If any of the following situations apply to you, do Department of Revenue and Taxation Total tax income not file your return with the service center listed Government of Guam adjusted for your home state. P.O. Box 23607 gross income • You claim the foreign earned income ex- GMF, GU 96921 clusion. If you must pay your host country income tax • You claim the foreign housing exclusion or on your grant, subtract any estimated foreign deduction. However, if you have income from sources tax credit that applies to your grant from the es- • You live in a foreign country. within Guam and you are a U.S. citizen or resi- timated tax on the blocked income. dent alien, but not a bona fide resident of Guam Instead, use one of the following special ad- during the entire tax year, you should file a re- Deposit of foreign currency with disbursing dresses. If you are not enclosing a check or turn with the United States. Send your return to officer. Once you have determined the amount money order, file your return with: the address listed under Where To File, earlier. of the actual tax or estimated tax that you can See Pub. 570 for information about filing pay in nonconvertible foreign currency, deposit Department of the Treasury Guam returns. that amount with the disbursing officer of the Internal Revenue Service Department of State in the foreign country in Austin, TX 73301-0215 USA Resident of the Commonwealth of the which the foundation or commission paying the Northern Mariana Islands (CNMI). If you are grant is located. a bona fide resident of the CNMI during your If you are enclosing a check or money order, file Estimated tax installments. You can ei- your return with: entire tax year, you should file a return with the ther deposit the full estimated tax amount be- CNMI. fore the first installment due date or make four Internal Revenue Service Send your return to: equal payments before the installment due P.O. Box 1303 dates. See Estimated Tax Payments, later. Charlotte, NC 28201-1303 USA Division of Revenue and Taxation Commonwealth of the Northern Mariana Deposit receipt. Upon accepting the for- If you do not know where your legal resi- Islands eign currency, the disbursing officer will give dence is and you do not have a principal place P.O. Box 5234, CHRB you a receipt in duplicate. The original of this re- of business in the United States, you can file Saipan, MP 96950 ceipt (showing the amount of foreign currency with the appropriate address listed above. deposited and its equivalent in U.S. dollars) should be attached to your Form 1040 or However, you should not file with the ad- However, if you have income from sources 1040-SR or payment voucher from Form 1040- dresses listed above if you are a bona fide resi- within the CNMI and you are a U.S. citizen or ES. Keep the copy for your records. dent of the U.S. Virgin Islands, Guam, or the resident alien, but not a bona fide resident of Commonwealth of the Northern Mariana Islands the CNMI during the entire tax year, you should during your entire tax year. file a return with the United States. Send your return to the address listed under Where To Resident of the U.S. Virgin Islands (USVI). File, earlier. If you are a bona fide resident of the USVI dur- See Pub. 570 for information about filing ing your entire tax year, you are generally not CNMI returns. required to file a U.S. return. However, you must file a return with the USVI. Note. Puerto Rico and American Samoa have their own separate and independent tax Page 6 Chapter 1 Filing Information |
Page 7 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. systems. Although their tax laws are modeled the choice and for all later years unless the resident. Follow the Instructions for Form W-7 on the U.S. Internal Revenue Code, there are choice is ended or suspended. Although Pat to submit your Form W-7 and file your return. certain differences in law and tax rates. See and Norman must file a joint return for the year Pub. 570 for information about tax obligations in they make the choice, they can file either joint Individual taxpayer identification number Puerto Rico and American Samoa. or separate returns for later years. (ITIN) renewal. Your spouse may need to re- new the ITIN. For more information, go to Example 2. When Bob and Sharon Wil- IRS.gov/ITIN. Nonresident Alien liams got married, both were nonresident ali- ens. In June of last year, Bob became a resi- Spouse Treated as a dent alien and remained a resident for the rest How To Make the Choice of the year. Bob and Sharon both choose to be Resident treated as resident aliens by attaching a state- Attach a statement, signed by both spouses, to ment to their joint return for last year. Bob and your joint return for the first tax year for which If, at the end of your tax year, you are married Sharon must report their worldwide income for the choice applies. It should contain the follow- and one spouse is a U.S. citizen or resident last year and all later years unless the choice is ing. alien and the other is a nonresident alien, you ended or suspended. Bob and Sharon must file • A declaration that one spouse was a non- can choose to treat the nonresident as a U.S. a joint return for last year, but they can file either resident alien and the other spouse a U.S. resident. This election includes situations in joint or separate returns for later years. citizen or resident alien on the last day of which one of you is a nonresident alien at the your tax year and that you choose to be beginning of the tax year and a resident alien at If you do not choose to treat your non- treated as U.S. residents for the entire tax the end of the year and the other is a nonresi- TIP resident alien spouse as a U.S. resi- year. dent alien at the end of the year. dent, you may be able to use head of • The name, address, and SSN (or ITIN) of household filing status. To use this status, you each spouse. (If one spouse died, include If you make this choice, the following two must pay more than half the cost of maintaining the name and address of the person mak- rules apply. a household for certain dependents or relatives ing the choice for the deceased spouse.) • You and your spouse are treated, for in- other than your nonresident alien spouse. For come tax purposes and purposes of wage more information, see Pub. 501. You generally make this choice when you withholding, as U.S. residents for the tax file your joint return. However, you can also year in which the election is made and all make the choice by filing a joint amended return future tax years until the election is termi- Social Security Number on Form 1040-X. Attach Form 1040 or 1040-SR nated or suspended because neither (SSN) and enter “Amended” across the top of the spouse is a citizen or resident of the United amended return. If you make the choice with an States at any time during a year. If you choose to treat your nonresident alien amended return, you and your spouse must • You must file a joint income tax return for spouse as a U.S. resident, your spouse must also amend any returns that you may have filed the year you make the choice and attach a have either an SSN or an individual taxpayer after the year for which you made the choice. statement as described under How To identification number (ITIN). Make the Choice, later. You must generally file the amended joint To get an SSN for a nonresident alien return within 3 years from the date you filed This means that neither of you can claim under spouse, apply at an office of the U.S. Social Se- your original U.S. income tax return or 2 years any tax treaty not to be a U.S. resident for a tax curity Administration (SSA) or U.S. consulate. from the date you paid your income tax for that year for which the choice is in effect. For more information go to SSA.gov or call year, whichever is later. 800-772-1213. Example 1. Pat Smith, a U.S. citizen, is married to Norman, a nonresident alien. Pat If the nonresident alien spouse is not eligible and Norman make the choice to treat Norman to get an SSN, the spouse can file Form W-7 Suspending the Choice as a resident alien by attaching a statement to with the IRS to apply for an ITIN when you their joint return. Pat and Norman must report timely file the joint return on which you choose The choice to be treated as a resident alien their worldwide income for the year they make to treat your nonresident alien spouse as a U.S. does not apply to any later tax year if neither of Table 1-1. Options for Ending the Choice To Treat Nonresident Alien Spouse as a Resident Revocation Either spouse can revoke the choice for any tax year. The revocation must be made by the due date for filing the tax return for that tax year. The spouse who revokes the choice must attach a signed statement declaring that the choice is being revoked. The statement revoking the choice must include the following. • The name, address, and SSN (or TIN) of each spouse. • The name and address of any person who is revoking the choice for a deceased spouse. • A list of any states, foreign countries, and U.S. territories that have community property laws in which either spouse is domiciled or where real property is located from which either spouse receives income. If the spouse revoking the choice does not have to file a return and does not file a claim for refund, send the statement to the Internal Revenue Service Center where the last joint return was filed. Death The death of either spouse ends the choice, beginning with the first tax year following the year in which the spouse died. If the qualifying surviving spouse is a U.S. citizen or resident alien and is entitled to the joint tax rates as a qualifying surviving spouse, the choice will not end until the close of the last year for which these joint rates may be used. If both spouses die in the same tax year, the choice ends on the first day after the close of the tax year in which the spouses died. Divorce or legal A divorce or legal separation ends the choice as of the beginning of the tax year in which the legal separation occurs. separation Inadequate records The IRS can end the choice for any tax year that either spouse has failed to keep adequate books, records, and other information necessary to determine the correct income tax liability, or to provide adequate access to those records. Chapter 1 Filing Information Page 7 |
Page 8 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. you is a U.S. citizen or resident alien at any time foreign country. You do not need to file the re- Useful Items during the later tax year. port if the assets are with a U.S. military bank- You may want to see: ing facility operated by a financial institution or if Example. Dick Brown was a resident alien the combined assets in the account(s) are Publication on December 31, 2019, and married to Judy, a $10,000 or less during the entire year. nonresident alien. They chose to treat Judy as a FinCEN Form 114 is filed electronically with 505 505 Tax Withholding and Estimated Tax resident alien and filed joint income tax returns the Financial Crimes Enforcement Network for 2019 and 2020. On January 10, 2021, Dick (FinCEN). The due date for FBAR filings is April Form (and Instructions) became a nonresident alien. Judy had re- 15. FinCEN will grant an automatic extension to mained a nonresident alien. Because Dick was October 15 if you are unable to meet the FBAR 673 673 Statement for Claiming Exemption a resident alien during part of 2021, Dick and annual due date of April 15. The FBAR due date From Withholding on Foreign Earned Judy can file joint or separate returns for that for foreign financial accounts maintained during Income Eligible for the Exclusion year. Neither Dick nor Judy was a resident alien calendar year 2022 is April 18, 2023, to coin- Provided by Section 911 at any time during 2022 and their choice is sus- cide with the filing date for the 2022 Form 1040 W-4 W-4 Employee's Withholding Allowance pended for that year. For 2022, both are treated or 1040-SR. For more information, go to as nonresident aliens. If Dick becomes a resi- bsaefiling.fincen.treas.gov/main.html. Certificate dent alien again in 2023, their choice is no lon- W-9 W-9 Request for Taxpayer Identification ger suspended and both are treated as resident FinCEN Form 105. You must file FinCEN aliens. Form 105, Report of International Transporta- Number and Certification tion of Currency or Monetary Instruments, if you See chapter 7 for information about getting this Ending the Choice physically transport, mail, ship, or cause to be publication and these forms. physically transported, mailed, or shipped, into or out of the United States, currency or other Once made, the choice to be treated as a resi- monetary instruments totaling more than dent applies to all later years unless suspended $10,000 at one time. Certain recipients of cur- Income Tax Withholding (as explained earlier) or ended in one of the rency or monetary instruments must also file ways shown in Table 1-1. FinCEN Form 105. U.S. employers must generally withhold U.S. in- If the choice is ended for any of the reasons More information about the filing of FinCEN come tax from the pay of U.S. citizens working listed in Table 1-1, neither spouse can make a Form 105 can be found in the instructions on abroad unless the employer is required by for- choice in any later tax year. the back of the form, available at fincen.gov/ eign law to withhold foreign income tax. sites/default/files/shared/fin105_cmir.pdf. Foreign earned income exclusion. Your Form 8938. You must file Form 8938 to report employer does not have to withhold U.S. in- Estimated Tax Payments the ownership of specified foreign financial as- come taxes from wages you earn abroad if it is sets if the total value of those assets exceeds reasonable to believe that you will exclude them The requirements for determining who must pay an applicable threshold amount (the “reporting from income under the foreign earned income estimated tax are the same for a U.S. citizen or threshold”). The reporting threshold varies de- exclusion or the foreign housing exclusion. resident abroad as for a taxpayer in the United pending on whether you live in the United Your employer should withhold taxes from States. States, are married, or file a joint income tax re- any wages you earn for working in the United In general, you don’t have to make estima- turn with your spouse. Specified foreign finan- States. ted tax payments if you expect that your 2023 cial assets include any financial account main- Statement. You can give a statement to Form 1040 or 1040-SR will show a tax refund or tained by a foreign financial institution and, to your employer indicating that you expect to a tax balance due of less than $1,000. For more the extent held for investment, any stock, secur- qualify for the foreign earned income exclusion information on whether you are required to ities, or any other interest in a foreign entity and under either the bona fide residence test or the make estimated tax payments seeForm 1040- any financial instrument or contract with an is- physical presence test and indicating your esti- ES and Estimated Tax for 2023 in Pub. 505 suer or counterparty that is not a U.S. person. mated housing cost exclusion. (2023). You may have to pay penalties if you are re- Form 673 is an acceptable statement. You quired to file Form 8938 and fail to do so, or if can use Form 673 only if you are a U.S. citizen. Foreign earned income exclusion. When you have an understatement of tax due to any You do not have to use the form and can pre- figuring your estimated gross income, subtract transaction involving an undisclosed foreign fi- pare your own statement. For more information, amounts you expect to exclude under the for- nancial asset. go to IRS.gov/Form 673. eign earned income exclusion and the foreign More information about the filing of Form Generally, your employer can stop the with- housing exclusion. In addition, you can reduce 8938 can be found in the separate Instructions holding once you submit the statement that in- your income by your estimated foreign housing for Form 8938. cludes a declaration that the statement is made deduction. However, you must estimate tax on under penalties of perjury. However, if your em- your nonexcluded income using the tax rates ployer has reason to believe that you will not that will apply had you not excluded the income. qualify for either the foreign earned income or If the actual amount of the exclusion or deduc- the foreign housing exclusion, your employer tion is less than you estimate, you may have to must continue to withhold. pay a penalty for underpayment of estimated Your employer must consider any informa- tax. 2. tion about pay you received from any other For more information, see the Instructions source outside the United States in determining for Form 2555. whether your foreign earned income is more than the limit on either the foreign earned in- Withholding Tax come exclusion or the foreign housing exclu- Other Forms You May sion. Have To File Topics Foreign tax credit. If you plan to take a for- This chapter discusses: eign tax credit, you may be able to adjust your FinCEN Form 114. You must file FinCEN withholding on Form W-4. You can take these Form 114, Report of Foreign Bank and Finan- • Withholding income tax from the pay of additional tax credits only for foreign tax credits cial Accounts (FBAR), if you had any financial U.S. citizens, attributable to taxable salary or wage income. interest in, or signature or other authority over, a • Withholding tax at a flat rate, and For more information, see the instructions for bank, securities, or other financial account in a • Social security and Medicare taxes. Step 3 of Form W-4. Page 8 Chapter 2 Withholding Tax |
Page 9 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Withholding from pension payments. U.S. entities. For a corporation, the 10% interest payers of benefits from employer-deferred com- must be in its voting stock. For any other entity, pensation plans, individual retirement plans, Social Security and the 10% interest must be in its profits. and commercial annuities must generally with- Form 2032 is used by American employers hold income tax from payments delivered out- Medicare Taxes to extend social security coverage to U.S. citi- side of the United States. You can choose ex- zens and resident aliens working abroad for for- emption from withholding if you: Social security and Medicare taxes may apply • Provide the payer of the benefits with a to wages paid to an employee regardless of eign affiliates of American employers. Once you residence address in the United States or where the services are performed. enter into an agreement, coverage cannot be terminated. a U.S. territory, or • Certify to the payer that you are not a U.S. General Information Excludable meals and lodging. Social secur- citizen or resident alien or someone who ity tax doesn’t apply to the value of meals and left the United States to avoid tax. In general, U.S. social security and Medicare lodging provided to you for the convenience of taxes do not apply to wages for services you your employer if it is reasonable to believe that Check your withholding. Before you report perform as an employee outside the United you will be able to exclude the value from your U.S. income tax withholding on your tax return, States unless one of the following exceptions income. you should carefully review all information applies. documents, such as Form W-2 and the Form 1099 information returns. Compare other re- 1. You perform the services on or in connec- Bilateral Social Security cords, such as final pay records or bank state- tion with an American vessel or aircraft (Totalization) Agreements ments, with Form W-2 or Form 1099 to verify (defined later) and either: the withholding on these forms. Check your a. You entered into your employment The United States has entered into agreements U.S. income tax withholding even if you pay contract within the United States, or with some foreign countries to coordinate social someone else to prepare your tax return. You security coverage and taxation of workers who may be assessed penalties and interest if you b. The vessel or aircraft touches at a are employed in those countries. These agree- claim more than your correct amount of with- U.S. port while you are employed on ments are commonly referred to as “totalization holding allowances. it. agreements.” Under these agreements, dual 2. The service is designated as employment coverage and dual contributions (taxes) for the for U.S. social security and Medicare tax same work are eliminated. The agreements 30% Flat Rate purposes under a bilateral social security generally make sure that you pay social security (totalization) agreement (discussed later). taxes to only one country. Withholding 3. You are working for an American employer Generally, under these agreements, you will Generally, U.S. source gross income that is not (defined later). only be subject to social security taxes in the effectively connected to a U.S. trade or busi- 4. You are working for a foreign affiliate (de- country where you are working. However, if you ness, such as U.S. source dividends and royal- fined later) of an American employer un- are temporarily sent to work in a foreign country ties, is subject to withholding tax at a flat 30% der a voluntary agreement entered into and your pay would otherwise be subject to so- (or lower treaty) rate if paid to nonresident ali- between the American employer and the cial security taxes in both the United States and ens. If you are a U.S. citizen or resident alien U.S. Department of the Treasury. that country, you can generally remain covered and this tax is withheld in error from payments only by U.S. social security. to you because you have a foreign address, you American vessel or aircraft. An American You can get more information on specific should notify the payer of the income to stop the vessel is any vessel documented or numbered agreements at SSA.gov/International/ withholding. Use Form W-9 to notify the payer. under the laws of the United States and any Agreement and IRS.gov/ You can claim the tax withheld in error as a other vessel whose crew is employed solely by TotalizationAgreements. withholding credit on your tax return if the one or more U.S. citizens, residents, or corpo- amount isn’t adjusted by the payer. See the rations. An American aircraft is an aircraft regis- You can write to: Instructions for Form 1040 for how to claim the tered under the laws of the United States. Social Security Administration credit. Office of Data Exchange American employer. An American employer Social security benefits paid to residents. If includes any of the following. and International Agreements you are a lawful permanent resident (green card • The U.S. Government or any of its instru- 6401 Security Blvd., 4700 Annex holder) and a flat 30% tax was withheld in error mentalities. Baltimore, MD 21235 on your social security benefits, you must file a • An individual who is a resident of the Uni- Form 1040 or 1040-SR with the Internal Reve- ted States. nue Service Center at the address listed under • A partnership of which at least two-thirds of You may also contact the Office Of Where To File, earlier, to determine if you are the partners are U.S. residents. Earnings and International Operations entitled to a refund. The following information • A trust of which all the trustees are U.S. by phone if you speak English. You can must be submitted with your Form 1040 or residents. call the office at 410-965-0160. You will need to 1040-SR. • A corporation organized under the laws of pay for the call because it is not a toll-free serv- • A copy of Form SSA-1042S, Social Secur- the United States, any U.S. state, or the ice for calls from outside the United States. If ity Benefit Statement. District of Columbia, Puerto Rico, the U.S. you call, please do so between 9:00 a.m. and • A copy of your “green card.” Virgin Islands, Guam, or American Samoa. 4:00 p.m. Eastern U.S. Time. • A signed declaration that includes the fol- An American employer also includes any lowing statements. foreign person with an employee who is per- Covered by United States only. If your pay in “I am a U.S. lawful permanent resident and forming services in connection with a contract a foreign country is subject only to U.S. social my green card has been neither revoked between the U.S. Government (or any instru- security tax and is exempt from foreign social nor administratively or judicially deter- mentality thereof) and a member of a domesti- security tax, your employer should get a certifi- mined to have been abandoned. I am filing cally controlled group of entities which includes cate of coverage from the SSA’s Office of Earn- a U.S. income tax return for the tax year as such foreign person. ings and International Operations. Employers a resident alien reporting all of my world- can request a certificate of coverage online at wide income. I have not claimed benefits Foreign affiliate. A foreign affiliate of an SSA.gov/international/CoC_link.html. for the tax year under an income tax treaty American employer is any foreign entity in as a nonresident alien.” which the American employer has at least a Covered by foreign country only. If you are 10% interest, directly or through one or more permanently working in a foreign country with Chapter 2 Withholding Tax Page 9 |
Page 10 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. which the United States has a social security See chapter 7 for information about getting This subject is discussed in further detail in agreement and, under the agreement, your pay these publications and forms. Pub. 517. is exempt from U.S. social security tax, you or your employer should get a statement from the Income From U.S. Territories authorized official or agency of the foreign Who Must Pay country verifying that your pay is subject to so- If you are a U.S. citizen or resident alien and cial security coverage in that country. Self-Employment Tax? you own and operate a business in a U.S. terri- If the authorities of the foreign country will tory (Puerto Rico, Guam, the Commonwealth of not issue such a statement, either you or your If you are a self-employed U.S. citizen or resi- employer should get a statement from the U.S. dent, the rules for paying self-employment tax the Northern Mariana Islands, American Sa- SSA’s Office of Earnings and International Op- are generally the same whether you are living in moa, or the U.S. Virgin Islands), you must pay erations at the website listed earlier. The state- the United States or abroad. tax on your net earnings from self-employment (if they are $400 or more) from those sources. ment should indicate that your wages aren’t The self-employment tax is a social security You must pay the self-employment tax whether covered by the U.S. social security system. and Medicare tax on net earnings from self-em- or not the income is exempt from U.S. income This statement should be kept by your em- ployment. You must pay self-employment tax if taxes (or whether or not you must otherwise file ployer because it establishes that your pay is your net earnings from self-employment are at a U.S. income tax return). Unless your situation exempt from U.S. social security tax. least $400. is described below, attach Schedule SE (Form Only wages paid on or after the effective For 2022, the maximum amount of net earn- 1040) to your U.S. income tax return. date of the totalization agreement can be ex- ings from self-employment that is subject to the If you do not have to file Form 1040 or empt from U.S. social security tax. social security portion of the tax is $147,000. All 1040-SR with the United States and you are a net earnings are subject to the Medicare portion resident of any of the U.S. territories listed in the of the tax. Additional Medicare Tax may apply preceding paragraph, figure your self-employ- to you if your net earnings from self-employ- ment tax on Form 1040-SS. Residents of Pu- ment exceed a threshold amount (based on erto Rico may file the Spanish-language Formu- your filing status). lario 1040-PR. 3. Employed by a U.S. Church If you are not enclosing a check or money order, file your return with: If you were employed by a U.S. church or a Self-Employment qualified church-controlled organization that Department of the Treasury chose exemption from social security and Medi- Internal Revenue Service care taxes and you received wages of $108.28 Austin, TX 73301-0215 Tax or more from the organization, the amounts paid to you are subject to self-employment tax. If you are enclosing a check or money order, However, you can choose to be exempt from file your return with: Topics social security and Medicare taxes if you are a This chapter discusses: member of a recognized religious sect. See Internal Revenue Service Pub. 517 for more information about church em- P.O. Box 1303 • Who must pay self-employment tax, ployees and self-employment tax. Charlotte, NC 28201-1303 • Who is exempt from self-employment tax, • Who can defer self-employment tax payments, and Effect of Exclusion • Which self-employed individuals can take Exemption From the refundable income tax credits for sick You must take all of your self-employment in- and family leave. come into account in figuring your net earnings Dual-Country Social from self-employment, even income that is ex- empt from income tax because of the foreign Security and Medicare Useful Items earned income exclusion. Taxes You may want to see: Example. You are in business abroad as a Publication consultant and qualify for the foreign earned in- The United States may reach agreements with come exclusion. Your foreign earned income is foreign countries to eliminate dual coverage 334 334 Tax Guide for Small Business $95,000, your business deductions total and dual contributions (taxes) to social security 517 517 Social Security and Other Information $27,000, and your net profit is $68,000. You systems for the same work. See Bilateral Social for Members of the Clergy and must pay self-employment tax on your net profit Security (Totalization) Agreements in chapter 2 Religious Workers of $68,000, even though you are qualified for under Social Security and Medicare Taxes. As the foreign earned income exclusion. a general rule, self-employed persons who are subject to dual taxation will only be covered by Form (and Instructions) the social security system of the country where Formulario 1040-PR Formulario 1040-PR Planilla para la Members of the Clergy they reside. For more information on how a spe- Declaración de la Contribución cific agreement affects self-employed persons, Federal sobre el Trabajo por Cuenta If you are a member of the clergy, you are trea- seeBilateral Social Security (Totalization) Propia ted as self-employed for self-employment tax Agreements in chapter 2. purposes. Your U.S. self-employment tax is Form 1040-SS Form 1040-SS U.S. Self-Employment based upon net earnings from self-employment If your self-employment earnings should be Tax Return figured without regard to the foreign earned in- exempt from foreign social security tax and sub- come exclusion or the foreign housing exclu- ject only to U.S. self-employment tax, you Form 4361 Form 4361 Application for Exemption sion. should request a certificate of coverage from From Self-Employment Tax for Use the U.S. SSA’s Office of Earnings and Interna- by Ministers, Members of Religious You can receive exemption from coverage tional Operations. The certificate will establish Orders and Christian Science for your ministerial duties if you conscientiously your exemption from the foreign social security Practitioners oppose public insurance due to religious rea- tax. sons or if you oppose it due to the religious prin- Schedule SE (Form 1040) Schedule SE (Form 1040) ciples of your denomination. You must file Form You can request a certificate of coverage Self-Employment Tax 4361 to apply for this exemption. online at SSA.gov/international/CoC_link.html. Page 10 Chapter 3 Self-Employment Tax |
Page 11 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You may also be entitled to exclude from in- Tax Home come the value of meals and lodging provided to you by your employer. See Exclusion of Your tax home is the general area of your main 4. Meals and Lodging, later. place of business, employment, or post of duty, regardless of where you maintain your family home. Your tax home is the place where you Foreign Earned Requirements are permanently or indefinitely engaged to work as an employee or self-employed individual. To claim the foreign earned income exclusion, Having a “tax home” in a given location doesn’t Income and the foreign housing exclusion, or the foreign necessarily mean that the given location is your housing deduction, you must meet all three of residence or domicile for tax purposes. the following requirements. Housing: If you do not have a regular or main place of 1. Your tax home must be in a foreign coun- business because of the nature of your work, try. Exclusion – your tax home may be the place where you reg- 2. You must have foreign earned income. ularly live. If you have neither a regular or main Deduction 3. You must be one of the following. place of business nor a place where you regu- larly live, you are considered an itinerant and a. A U.S. citizen who is a bona fide resi- your tax home is wherever you work. dent of a foreign country or countries Topics for an uninterrupted period that in- You aren’t considered to have a tax home in This chapter discusses: cludes an entire tax year. a foreign country for any period in which your • Who qualifies for the foreign earned b. A U.S. resident alien who is a citizen abode is in the United States, unless you are income exclusion, the foreign housing or national of a country with which the serving in support of the U.S. Armed Forces in exclusion, and the foreign housing United States has an income tax an area designated as a combat zone. See deduction; treaty in effect and who is a bona fide Service in a combat zone, later. Otherwise, if • The requirements that must be met to resident of a foreign country or coun- your abode is in the United States, you will not claim either of the exclusions or the tries for an uninterrupted period that meet the tax home test and cannot claim the deduction; includes an entire tax year. foreign earned income exclusion. • How to determine the amount of the c. A U.S. citizen or a resident alien who The location of your abode is based on foreign earned income exclusion; and is physically present in a foreign coun- where you maintain your family, economic, and • How to figure the foreign housing try or countries for at least 330 full personal ties. Your abode is not necessarily in exclusion and the foreign housing days during any period of 12 consec- the United States merely because you maintain deduction. utive months. a dwelling in the United States, whether or not Useful Items See Pub. 519 to find out if you are a U.S. your spouse or dependents use the dwelling. You may want to see: resident alien for tax purposes and whether you Your abode is also not necessarily in the United keep that alien status when you temporarily States while you are temporarily in the United work abroad. States; however, these factors can contribute to Publication your having an abode in the United States. 519 519 U.S. Tax Guide for Aliens If you are a nonresident alien married to a U.S. citizen or resident alien, and both you and Example 1. You are employed on an off- 570 570 Tax Guide for Individuals With your spouse choose to treat you as a resident shore oil rig in the territorial waters of a foreign Income From U.S. Possessions alien, you are a resident alien for tax purposes. country and work a 28-day on/28-day off sched- 596 596 Earned Income Credit (EIC) For information on making the choice, see the ule. You return to your family residence in the discussion in chapter 1 under Nonresident Alien United States during your off periods. You are Form (and Instructions) Spouse Treated as a Resident. considered to have an abode in the United States and don’t satisfy the tax home test in the 1040-X 1040-X Amended U.S. Individual Income Waiver of minimum time requirements. The foreign country. You can’t claim either of the ex- Tax Return minimum time requirements for bona fide resi- clusions or the housing deduction. 2555 2555 Foreign Earned Income dence and physical presence can be waived if you must leave a foreign country because of Example 2. For several years, you were a See chapter 7 for information about getting war, civil unrest, or similar adverse conditions in marketing executive with a producer of machine these publications and forms. that country. This is fully explained under tools in Toledo, Ohio. In November of last year, Waiver of Time Requirements, later. your employer transferred you to London, Eng- See Figure 4-A and information in this chap- land, for a minimum of 18 months to set up a Who Qualifies for the ter to determine if you are eligible to claim either sales operation for Europe. Before you left, you one of the exclusions or the deduction. distributed business cards showing your busi- Exclusions and the ness and home addresses in London. You kept ownership of your home in Toledo but rented it Deduction? Tax Home in Foreign to another family. You placed your car in stor- If you meet certain requirements, you may qual- Country age. In November of last year, you moved your spouse, children, furniture, and family pets to a ify for the foreign earned income exclusion and To qualify for the foreign earned income exclu- home your employer rented for you in London. foreign housing exclusion or the foreign housing sion, the foreign housing exclusion, or the for- Shortly after moving, you leased a car and deduction. eign housing deduction, your tax home must be you and your spouse got British driver’s licen- If you are a U.S. citizen or resident alien and in a foreign country throughout your period of ses. Your entire family got library cards for the you live abroad, you are taxed on your world- bona fide residence or physical presence local public library. You and your spouse wide income. However, you may qualify to ex- abroad. See Bona Fide Residence Test and opened bank accounts with a London bank and clude from income up to $112,000 of your for- Physical Presence Test, later. secured consumer credit. You joined a local eign earnings. In addition, you can exclude or business league and both you and your spouse deduct certain foreign housing amounts. See became active in the neighborhood civic asso- Foreign Earned Income Exclusion and Foreign ciation and worked with a local charity. Your Housing Exclusion and Deduction, later. abode is in London for the time you live there. Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 11 |
Page 12 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 4-A. Can I Claim Either Exclusion or the Deduction? Start Here Do you have foreign Yes Is your tax home in a Yes Are you a U.S. citizen? No Are you a U.S. resident No earned income? foreign country? alien? No No Yes Yes Were you a bona de Are you a citizen or resident of a foreign national of a country country or countries Yes with which the United for an uninterrupted States has an income period that includes an tax treaty in effect? entire tax year? No Yes No You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction.* Were you physically present in a foreign country or countries for Yes at least 330 full days during any period of 12 consecutive months? No You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction. * Foreign housing exclusion applies only to employees. Foreign housing deduction applies only to the self-employed. You satisfy the tax home test in the foreign employment becomes your tax home and you present in a foreign country. A foreign country country. wouldn’t be able to deduct any of the related ex- includes any territory under the sovereignty of a penses that you have in the general area of this government other than that of the United Service in a combat zone. U.S. citizens or new work assignment. If your new tax home is States. residents serving in an area designated by the in a foreign country and you meet the other re- President of the United States by Executive Or- quirements, your earnings may qualify for the The term “foreign country” includes the der as a combat zone for purposes of section foreign earned income exclusion. country's airspace and territorial waters, but not 112 in support of the U.S. Armed Forces can international waters and the airspace above qualify as having a tax home in a foreign coun- If you expect your employment away from them. It also includes the seabed and subsoil of try, even if they have an abode within the United home in a single location to last, and it does those submarine areas adjacent to the country's States. For a list of IRS-recognized combat last, for 1 year or less, it is temporary unless territorial waters over which it has exclusive zones, go to IRS.gov/Newsroom/Combat- facts and circumstances indicate otherwise. rights under international law to explore and ex- Zones. ploit the natural resources. If you expect it to last for more than 1 year, it The term “foreign country” doesn’t include is indefinite. Antarctica or U.S. territories such as Puerto Temporary or Indefinite Rico, Guam, the Commonwealth of the North- Assignment If you expect it to last for 1 year or less, but ern Mariana Islands, the U.S. Virgin Islands, at some later date you expect it to last longer and American Samoa. For purposes of the for- The location of your tax home often depends on than 1 year, it is temporary (in the absence of eign earned income exclusion, the foreign whether your assignment is temporary or indefi- facts and circumstances indicating otherwise) housing exclusion, and the foreign housing de- nite. If you are temporarily absent from your tax until your expectation changes. Once your ex- duction, the terms “foreign,” “abroad,” and home in the United States on business, you pectation changes, it is indefinite. “overseas” refer to areas outside the United may be able to deduct your away-from-home States and those areas listed or described in expenses (for travel, meals, and lodging), but Foreign Country the previous sentence. you wouldn’t qualify for the foreign earned in- come exclusion. If your new work assignment is To meet the bona fide residence test or the for an indefinite period, your new place of physical presence test, you must live in or be Page 12 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction |
Page 13 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. American Samoa, Guam, and the Bona fide residence. To meet the bona fide Example 2. You are a U.S. citizen in the Commonwealth of the Northern residence test, you must have established a United Kingdom who qualifies as an “employee” Mariana Islands bona fide residence in a foreign country. of an armed service or as a member of a “civil- Your bona fide residence isn’t necessarily ian component” under the North Atlantic Treaty Residence or presence in a U.S. territory the same as your domicile. Your domicile is Status of Forces Agreement. You aren’t a bona doesn’t qualify you for the foreign earned in- your permanent home, the place to which you fide resident of the United Kingdom. come exclusion. You may, however, qualify for always return or intend to return. an exclusion of your territory income on your Example 3. You are a U.S. citizen em- U.S. return. Example. You could have your domicile in ployed in Japan by a U.S. employer under con- Cleveland, Ohio, and a bona fide residence in tract with the U.S. Armed Forces. You are sub- American Samoa. There is a territory exclu- Edinburgh, Scotland, if you intend to return ject to the agreement of the Treaty of Mutual sion available to individuals who are bona fide eventually to Cleveland. Cooperation and Security between the United residents of American Samoa for the entire tax The fact that you go to Scotland does not States and Japan. Being subject to the agree- year. Gross income from sources within Ameri- automatically make Scotland your bona fide ment doesn’t make you a bona fide resident of can Samoa may be eligible for this exclusion. residence. If you go there as a tourist, or on a Japan. Income that is effectively connected with the short business trip, and return to the United conduct of a trade or business within American States, you haven’t established bona fide resi- Example 4. You are a U.S. citizen em- Samoa may also be eligible for this exclusion. dence in Scotland. But if you go to Scotland to ployed as an “official” by the United Nations in Use Form 4563 to figure the exclusion. work for an indefinite or extended period and Switzerland. You are exempt from Swiss taxa- you set up permanent quarters there for your- tion on the salary or wages paid to you by the Guam and the Commonwealth of the North- self and your family, you have probably estab- United Nations. This doesn’t prevent you from ern Mariana Islands. An exclusion will be lished a bona fide residence in a foreign coun- being a bona fide resident of Switzerland. available to residents of Guam and the Com- try, even though you intend to return eventually monwealth of the Northern Mariana Islands if, to the United States. Effect of voting by absentee ballot. If you and when, new implementation agreements You are clearly not a resident of Scotland in are a U.S. citizen living abroad, you can vote by take effect between the United States and the first instance. However, in the second, you absentee ballot in any election held in the Uni- those territories. are a resident because your stay in Scotland ted States without risking your status as a bona For more information, see Pub. 570. appears to be permanent. If your residency is fide resident of a foreign country. not as clearly defined as either of these illustra- However, if you give information to the local tions, it may be more difficult to decide whether election officials about the nature and length of Puerto Rico and the U.S. Virgin you have established a bona fide residence. your stay abroad that does not match the infor- Islands mation you give for the bona fide residence test, Determination. Questions of bona fide res- the information given in connection with absen- Residents of Puerto Rico and the U.S. Virgin Is- idence are determined according to each indi- tee voting will be considered in determining lands can’t claim the foreign earned income ex- vidual case, taking into account factors such as your status, but won’t necessarily be conclu- clusion or the foreign housing exclusion. your intention, the purpose of your trip, and the sive. nature and length of your stay abroad. Puerto Rico. Generally, if you are a U.S. citi- To meet the bona fide residence test, you Uninterrupted period including entire tax zen who is a bona fide resident of Puerto Rico must show the IRS that you have been a bona year. To meet the bona fide residence test, for the entire tax year, you aren’t subject to U.S. fide resident of a foreign country or countries for you must reside in a foreign country or coun- tax on income from Puerto Rican sources. This an uninterrupted period that includes an entire tries for an uninterrupted period that includes an doesn’t include amounts paid for services per- tax year. The IRS decides whether you are a entire tax year. An entire tax year is from Janu- formed as an employee of the United States. bona fide resident of a foreign country largely ary 1 through December 31 for taxpayers who However, you are subject to U.S. tax on your in- on the basis of facts you report on Form 2555. file their income tax returns on a calendar year come from sources outside Puerto Rico. In fig- The IRS cannot make this determination until basis. uring your U.S. tax, you can’t deduct expenses you file Form 2555. During the period of bona fide residence in a allocable to income not subject to tax. foreign country, you can leave the country for Statement to foreign authorities. You aren’t brief or temporary trips back to the United considered a bona fide resident of a foreign States or elsewhere for vacation or business. Bona Fide Residence Test country if you make a statement to the authori- To keep your status as a bona fide resident of a ties of that country that you aren’t a resident of foreign country, you must have a clear intention You meet the bona fide residence test if you are that country, and the authorities: of returning from such trips, without unreasona- a bona fide resident of a foreign country or • Hold that you aren’t subject to their income ble delay, to your foreign residence or to a new countries for an uninterrupted period that in- tax laws as a resident, or bona fide residence in another foreign country. cludes an entire tax year. You can use the bona • Haven’t made a final decision on your sta- fide residence test to qualify for the exclusions tus. Example 1. You arrived with your family in and the deduction only if you are either: Lisbon, Portugal, on November 1, 2021. Your • A U.S. citizen, or Special agreements and treaties. An income assignment is indefinite, and you intend to live • A U.S. resident alien who is a citizen or na- tax exemption provided in a treaty or other inter- there with your family until your company sends tional of a country with which the United national agreement won’t in itself prevent you you to a new post. You immediately established States has an income tax treaty in effect. from being a bona fide resident of a foreign residence there. You spent April of 2022 at a country. Whether a treaty prevents you from be- business conference in the United States. Your You do not automatically acquire bona fide coming a bona fide resident of a foreign country family stayed in Lisbon. Immediately following resident status merely by living in a foreign is determined under all provisions of the treaty, the conference, you returned to Lisbon and country or countries for 1 year. If you go to a for- including specific provisions relating to resi- continued living there. On January 1, 2023, you eign country to work on a particular job for a dence or privileges and immunities. completed an uninterrupted period of residence specified period of time, you won’t ordinarily be for a full tax year (2022), and you meet the bona regarded as a bona fide resident of that country Example 1. You are a U.S. citizen em- fide residence test. even though you work there for 1 tax year or ployed in the United Kingdom by a U.S. em- longer. The length of your stay and the nature of ployer under contract with the U.S. Armed Example 2. Assume the same facts as in your job are only two of the factors to be consid- Forces. You aren’t subject to the North Atlantic Example 1, except that you transferred back to ered in determining whether you meet the bona Treaty Status of Forces Agreement. You may the United States on December 13, 2022. You fide residence test. be a bona fide resident of the United Kingdom. would not meet the bona fide residence test be- cause your bona fide residence in the foreign Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 13 |
Page 14 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 4-B. How To Figure Overlapping 12-Month Periods This gure illustrates Example 2 under How to figure the 12-month period. First Full 12-Month Period Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’21 ’22 ’22 ’22 ’22 ’22 ’22 ’22 ’22 * * * 28-day vacation in the United States Second Full 12-Month Period country, although it lasted more than a year, Physical Presence Test June 10 and arrive in Kenya at 12:30 a.m. on didn’t include a full tax year. You may, however, June 11. Your first full day in a foreign country is qualify for the foreign earned income exclusion You meet the physical presence test if you are June 11. or the housing exclusion or deduction under the physically present in a foreign country or coun- Change of location. You can move about physical presence test (discussed later). tries for 330 full days during a period of 12 con- from one place to another in a foreign country or secutive months. The 330 days don’t have to be to another foreign country without losing full Bona fide resident for part of a year. Once consecutive. Any U.S. citizen or resident alien days. If any part of your travel is not within any you have established bona fide residence in a can use the physical presence test to qualify for foreign country and takes less than 24 hours, foreign country for an uninterrupted period that the exclusions and the deduction. you are considered to be in a foreign country includes an entire tax year, you are a bona fide resident of that country for the period starting The physical presence test is based only on during that part of travel. with the date you actually began the residence how long you stay in a foreign country or coun- and ending with the date you abandon the for- tries. This test doesn’t depend on the kind of Example 1. You leave Ireland by air at eign residence. Your period of bona fide resi- residence you establish, your intentions about 11:00 p.m. on July 6 and arrive in Sweden at dence can include an entire tax year plus parts returning, or the nature and purpose of your 3:00 a.m. on July 7. Your trip takes less than 24 of 2 other tax years. stay abroad. hours and you lose no full days. Example. You were a bona fide resident of 330 full days. Generally, to meet the physical Example 2. You leave Norway by ship at Singapore from March 1, 2020, through Sep- presence test, you must be physically present 10:00 p.m. on July 6 and arrive in Portugal at tember 14, 2022. On September 15, 2022, you in a foreign country or countries for at least 330 6:00 a.m. on July 8. Since your travel isn’t within returned to the United States. Since you were a full days during a 12-month period. You can a foreign country or countries and the trip takes bona fide resident of a foreign country for all of count days you spent abroad for any reason. more than 24 hours, you lose as full days July 6, 2021, you were also a bona fide resident of a You don’t have to be in a foreign country only 7, and 8. If you remain in Portugal, your next full foreign country from March 1, 2020, through the for employment purposes. You can be on vaca- day in a foreign country is July 9. end of 2020 and from January 1, 2022, through tion. September 14, 2022. You don’t meet the physical presence test if In United States while in transit. If you illness, family problems, a vacation, or your em- are in transit between two points outside the Reassignment. If you are assigned from ployer's orders cause you to be present for less United States and are physically present in the one foreign post to another, you may or may not than the required amount of time. United States for less than 24 hours, you aren’t have a break in foreign residence between your treated as present in the United States during assignments, depending on the circumstances. Exception. You can be physically present the transit. You are treated as traveling over in a foreign country or countries for less than areas not within any foreign country. Example 1. You were a resident of Paki- 330 full days and still meet the physical pres- stan from October 1, 2021, through November ence test if you are required to leave a country How to figure the 12-month period. There 30, 2022. On December 1, 2022, you and your because of war or civil unrest. See Waiver of are four rules you should know when figuring family returned to the United States to wait for Time Requirements, later. the 12-month period. an assignment to another foreign country. Your • Your 12-month period can begin with any household goods were also returned to the Uni- Full day. A full day is a period of 24 consecu- day of the month. It ends the day before ted States. tive hours, beginning at midnight. the same calendar day, 12 months later. Your foreign residence ended on November • Your 12-month period must be made up of 30, 2022, and did not begin again until after you Travel. When you leave the United States to consecutive months. Any 12-month period were assigned to another foreign country and go directly to a foreign country or when you re- can be used if the 330 days in a foreign physically entered that country. Since you turn directly to the United States from a foreign country fall within that period. weren’t a bona fide resident of a foreign country country, the time you spend on or over interna- • You don’t have to begin your 12-month pe- for the entire tax year of 2021 or 2022, you don’t tional waters doesn’t count toward the 330-day riod with your first full day in a foreign meet the bona fide residence test in either year. total. country or end it with the day you leave. You may, however, qualify for the foreign You can choose the 12-month period that earned income exclusion or the housing exclu- Example. You leave the United States for gives you the greatest exclusion. sion or deduction discussed under Physical France by air on June 10. You arrive in France • In determining whether the 12-month pe- Presence Test, later. at 9:00 a.m. on June 11. Your first full day of riod falls within a longer stay in the foreign physical presence in France is June 12. country, 12-month periods can overlap one another. Example 2. Assume the same facts as in Passing over foreign country. If, in travel- Example 1, except that upon completion of your ing from the United States to a foreign country, Example 1. You are a construction worker assignment in Pakistan you were given a new you pass over a foreign country before midnight who works on and off in a foreign country over a assignment to Turkey. On December 1, 2022, of the day you leave, the first day you can count 20-month period. You might pick up the 330 full you and your family returned to the United toward the 330-day total is the day following the days in a 12-month period only during the mid- States for a month's vacation. On January 2, day you leave the United States. dle months of the time you work in the foreign 2023, you arrived in Turkey for your new as- country because the first few and last few signment. Because you didn’t interrupt your Example. You leave the United States by months of the 20-month period are broken up bona fide residence abroad, you meet the bona air at 9:30 a.m. on June 10 to travel to Kenya. by long visits to the United States. fide residence test. You pass over western Africa at 11:00 p.m. on Page 14 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction |
Page 15 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 2. You work in New Zealand for a Foreign Earned Income reimbursements are considered earned in- 20-month period from January 1, 2021, through come. August 31, 2022, except that you spend 28 To claim the foreign earned income exclusion, days in February 2021 and 28 days in February the foreign housing exclusion, or the foreign Noncash income. The fair market value of 2022 on vacation in the United States. You are housing deduction, you must have foreign property or facilities provided to you by your present in New Zealand for at least 330 full earned income. employer in the form of lodging, meals, or use days during each of the following two 12-month of a car is earned income. periods: January 1, 2021 – December 31, 2021, Foreign earned income is generally income and September 1, 2021 – August 31, 2022. By you receive for services you perform during a Allowances or reimbursements. Earned in- overlapping the 12-month periods in this way, period in which you meet both of the following come includes allowances or reimbursements you meet the physical presence test for the requirements. you receive, such as the following amounts. whole 20-month period. See Figure 4-B. • Your tax home is in a foreign country. • Cost-of-living allowances. • You meet either the bona fide residence • Overseas differential. Waiver of Time test or the physical presence test. • Family allowance. • Reimbursement for education or education Requirements To determine whether your tax home is in a for- allowance. eign country, see Tax Home in Foreign Country, • Home leave allowance. Both the bona fide residence test and the physi- earlier. To determine whether you meet either • Quarters allowance. cal presence test contain minimum time re- the bona fide residence test or the physical • Reimbursement for moving or moving al- quirements. The minimum time requirements presence test, see Bona Fide Residence Test lowance (unless excluded from income as can be waived, however, if you must leave a and Physical Presence Test, earlier. discussed later in Reimbursement of em- foreign country because of war, civil unrest, or ployee expenses under Earned and Un- similar adverse conditions in that country. You Foreign earned income does not include the must be able to show that you could have rea- following amounts. earned Income). sonably expected to meet the minimum time re- • The value of meals and lodging that you quirements if not for the adverse conditions. To exclude from your income because the Source of Earned Income qualify for the waiver, you must actually have meals and lodging were furnished for the your tax home in the foreign country and be a convenience of your employer. The source of your earned income is the place bona fide resident of, or be physically present • Pension or annuity payments you receive, where you perform the services for which you in, the foreign country on or before the begin- including social security benefits (see Pen- received the income. Foreign earned income is ning date of the waiver. sions and annuities, later). income you receive for working in a foreign • Pay you receive as an employee of the country. Where or how you are paid has no ef- Early in 2023, the IRS will publish in the In- U.S. Government. (See U.S. Government fect on the source of the income. For example, ternal Revenue Bulletin a list of the only coun- Employees, later.) income you receive for work done in Austria is tries that qualify for the waiver for 2022 and the • Amounts you include in your income be- income from a foreign source even if the in- effective dates. If you left one of the countries cause of your employer's contributions to a come is paid directly to your bank account in on or after the date listed for each country, you nonexempt employee trust or to a nonqua- the United States and your employer is located can meet the bona fide residence test or physi- lified annuity contract. in New York City. cal presence test for 2022 without meeting the • Payments you receive after the end of the minimum time requirement. However, in figuring tax year following the tax year in which you Example. You are a U.S. citizen, a bona your exclusion, the number of your qualifying performed the services that earned the in- fide resident of Canada, and working as a min- days of bona fide residence or physical pres- come. ing engineer. Your salary is $76,800 per year. ence includes only days of actual residence or You also receive a $6,000 cost-of-living allow- presence within the country. Earned income. This is pay for personal serv- ance, and a $6,000 education allowance. Your ices performed, such as wages, salaries, or employment contract did not indicate that you professional fees. The list that follows classifies were entitled to these allowances only while U.S. Travel Restrictions many types of income into three categories. outside the United States. Your total income is If you are present in a foreign country in viola- The column headed Variable Income lists in- $88,800. You work a 5-day week, Monday tion of U.S. law, you will not be treated as a come that may fall into either the earned in- through Friday. After subtracting your vacation, bona fide resident of a foreign country or as come category, the unearned income category, you have a total of 240 workdays in the year. physically present in a foreign country while you or partly into both. For more information on You worked in the United States during the year are in violation of the law. Income that you earn earned and unearned income, see Earned and for 6 weeks (30 workdays). The following shows from sources within such a country for services Unearned Income, later. how to figure the part of your income that is for work done in Canada during the year. performed during a period of violation does not qualify as foreign earned income. Your housing Earned Unearned Variable Number of expenses within that country (or outside that Income Income Income days worked country for housing your spouse or depend- ents) while you are in violation of the law cannot Salaries and Dividends Business in Canada be included in figuring your foreign housing wages profits during the year (210) amount. Commissions Interest Royalties Number of At the time this publication was released, Bonuses Capital gains Rents days of work × Total income = $77,700 the only country to which travel restrictions ap- during the ($88,800) plied during 2022 was Cuba. However, individu- Professional Gambling Scholarships als working at the U.S. Naval Base at Guanta- fees winnings and year for namo Bay in Cuba are not in violation of U.S. fellowships which law. Personal service income earned by individ- Tips Alimony payment was made uals at the base is eligible for the foreign earned Social security (240) income exclusion, provided the other require- benefits ments are met. Your foreign source earned income is Pensions $77,700. For current information about travel re- Annuities strictions go to Travel.state.gov/ content/travel/en/international- In addition to the types of earned income lis- travel.html. ted, certain noncash income and allowances or Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 15 |
Page 16 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Earned and Unearned Income Example 2. You are a U.S. citizen and Scholarships and fellowships. Any portion work full time as secretary-treasurer of your cor- of a scholarship or fellowship grant that is paid Earned income was defined earlier as pay for poration. During the tax year, you receive to you for teaching, research, or other services personal services performed. Some types of in- $100,000 as salary from the corporation. If is considered earned income if you must in- come are not easily identified as earned or un- $80,000 is a reasonable allowance as pay for clude it in your gross income. If the payer of the earned income. Some of these types of income the work you did, then $80,000 is earned in- grant is required to provide you with a Form are further explained here. come. W-2, these amounts will be listed as wages. Income from a sole proprietorship or part- Stock options. You may have earned income Certain scholarship and fellowship in- nership. Income from a business in which cap- if you disposed of stock that you got by exercis- TIP come may be exempt under other pro- ital investment is an important part of producing ing a stock option granted to you under an em- visions. For more information, see Pub. the income may be unearned income. If you are ployee stock purchase plan. 970. a sole proprietor or partner and your personal If your gain on the disposition of stock you services are also an important part of producing got by exercising an option is treated as capital Use of employer's property or facilities. If the income, the part of the income that repre- gain, your gain is unearned income. you receive fringe benefits in the form of the sents the value of your personal services will be However, if you disposed of the stock less right to use your employer's property or facili- treated as earned income. than 2 years after you were granted the option ties, the fair market value of that right is earned Capital a factor. If capital investment is an or less than 1 year after you got the stock, part income. Fair market value is the price at which important part of producing income, no more of the gain on the disposition may be earned in- the property would change hands between a than 30% of your share of the net profits of the come. It is considered received in the year you willing buyer and a willing seller, neither being business is earned income. disposed of the stock and earned in the year required to buy or sell, and both having reason- If you have no net profits, the part of your you performed the services for which you were able knowledge of all the necessary facts. gross profit that represents a reasonable allow- granted the option. Any part of the earned in- ance for personal services actually performed is come that is due to work you did outside the Example. You are privately employed and considered earned income. Because you do United States is foreign earned income. live in Japan all year. You are paid a salary of not have a net profit, the 30% limit does not ap- See Pub. 525, Taxable and Nontaxable In- $6,000 a month. You live rent-free in a house ply. come, for a discussion of the treatment of stock provided by your employer that has a fair rental options. value of $3,000 a month. The house is not pro- vided for your employer's convenience. You re- Example 1. You are a U.S. citizen and port on the calendar-year, cash basis. You re- meet the bona fide residence test. You invest in Pensions and annuities. For purposes of the a partnership based in Cameroon that is en- foreign earned income exclusion, the foreign ceived $72,000 salary from foreign sources plus gaged solely in selling merchandise outside the housing exclusion, and the foreign housing de- $36,000 fair rental value of the house, or a total United States. You perform no services for the duction, amounts received as pensions or an- of $108,000 of earned income. partnership. At the end of the tax year, your nuities are unearned income. Reimbursement of employee expenses. If share of the net profits is $80,000. The entire you are reimbursed under an accountable plan $80,000 is unearned income. Royalties. Royalties from the leasing of oil and mineral lands and patents are generally a form (defined later) for expenses you incur on your Example 2. Assume that in Example 1 you of rent or dividends and are unearned income. employer's behalf and you have adequately ac- spend time operating the business. Your share Royalties received by a writer are earned in- counted to your employer for the expenses, do of the net profits is $80,000; 30% of your share come if they are received: not include the reimbursement for those expen- of the profits is $24,000. If the value of your • For the transfer of property rights of the ses in your earned income. services for the year is $15,000, your earned in- writer in the writer's product, or The expenses for which you are reimbursed come is limited to the value of your services, • Under a contract to write a book or series are not considered allocable (related) to your $15,000. of articles. earned income. If expenses and reimbursement are equal, there is nothing to allocate to exclu- Capital not a factor. If capital is not an in- Rental income. Generally, rental income is ded income. If expenses are more than the re- come-producing factor and personal services unearned income. If you perform personal serv- imbursement, the unreimbursed expenses are produce the business income, the 30% rule ices in connection with the production of rent, considered to have been incurred in producing does not apply. The entire amount of business up to 30% of your net rental income can be con- earned income and must be divided between income is earned income. sidered earned income. your excluded and included income. (See chap- ter 5.) If the reimbursement is more than the ex- Example. You and Lou Green are manage- Example. Larry Smith, a U.S. citizen living penses, no expenses remain to be divided be- ment consultants and operate as equal partners in Australia, owns and operates a rooming tween excluded and included income and the in performing services outside the United house in Sydney. If he is operating the rooming excess reimbursement must be included in States. Because capital is not an income-pro- house as a business that requires capital and earned income. ducing factor, all the income from the partner- personal services, he can consider up to 30% These rules do not apply to the following in- ship is considered earned income. of net rental income as earned income. On the dividuals. other hand, if he just owns the rooming house • Straight-commission salespersons. Income from a corporation. The salary you and performs no personal services connected • Employees who have arrangements with receive from a corporation is earned income with its operation, except perhaps making minor their employers under which taxes are not only if it represents a reasonable allowance as repairs and collecting rents, none of his net in- withheld on a percentage of the commis- compensation for work you do for the corpora- come from the house is considered earned in- sions because the employers consider that tion. Any amount over what is considered a rea- come. It is all unearned income. percentage to be attributable to the em- sonable salary is unearned income. ployees' expenses. Professional fees. If you are engaged in a Example 1. You are a U.S. citizen and an professional occupation (such as a doctor or Accountable plan. An accountable plan is officer and stockholder of a corporation in Hon- lawyer), all fees received in the performance of a reimbursement or allowance arrangement duras. You perform no work or service of any these services are earned income. that includes all three of the following rules. kind for the corporation. During the tax year, • The expenses covered under the plan you receive a $10,000 “salary” from the corpo- Income of an artist. Income you receive from must have a business connection. ration. The $10,000 clearly is not for personal the sale of paintings you created is earned in- • The employee must adequately account to services and is unearned income. come. the employer for these expenses within a reasonable period of time. Page 16 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction |
Page 17 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The employee must return any excess re- days in 2021 (the year of the move), the reim- days in 2022 (the year of the move), the includi- imbursement or allowance within a reason- bursement is considered pay for services per- ble reimbursement is considered pay for serv- able period of time. formed in the foreign country for both 2021 and ices performed in the foreign country for both 2022. 2022 and 2021. Reimbursement of moving expenses. For You figure the part of the reimbursement for You figure the part of the moving expense tax years beginning after 2017, you can no lon- services performed in the foreign country in reimbursement for services performed in the ger deduct moving expenses. If you received a 2021 by multiplying the total reimbursement by foreign country for 2022 by multiplying the total reimbursement of moving expenses, please a fraction. The fraction is the number of days includible reimbursement by a fraction. The note that, in most cases, reimbursement of during which you were a bona fide resident in fraction is the number of days of foreign resi- moving expenses will be earned income. This 2021 (the year of the move) divided by 365. The dence during the year (90) (January 1 to March section discusses reimbursements that must be remaining part of the reimbursement is for serv- 31, 2022, equals 90 days) divided by the num- included in earned income. ices performed in the foreign country in 2022. ber of days in the year (365). The remaining The rules for determining when the reim- This computation is used only to determine part of the includible reimbursement is for serv- bursement is considered earned or where the when the reimbursement is considered earned. ices performed in the foreign country in 2021. reimbursement is considered earned may differ You would include the amount of the reimburse- You report the amount of the includible reim- somewhat from the general rules previously dis- ment in income in 2022, the year you received bursement in 2022, the year you received it. cussed. it. In this example, if you met the physical Although you receive the reimbursement in Move between foreign countries. If you TIP presence test for a period that included one tax year, it may be considered earned for move between foreign countries, any moving at least 120 days in 2022, the moving services performed, or to be performed, in an- expense reimbursement that you must include expense reimbursement would be considered other tax year. You must report the reimburse- in income will be considered earned in the year earned entirely in the year of the move. ment as income on your return in the year you of the move if you qualify for the foreign earned receive it, even if it is considered earned during income exclusion for a period that includes at Storage expense reimbursements. If you a different year. least 120 days in the year of the move. are reimbursed for storage expenses, the reim- Moving expenses are only deductible bursement is for services you perform during Move to United States. If you move to the the period of time for which the storage expen- CAUTION who move pursuant to a military order ! for members of the U.S. Armed Forces United States, the moving expense reimburse- ses are incurred. and incident to a permanent change of station. ment that you must include in income is gener- Therefore, the exclusion from earned income ally considered to be U.S. source income. for qualified moving expenses is, generally, only However, if under either an agreement be- U.S. Government Employees available to members of the U.S. Armed tween you and your employer or a statement of Forces. company policy that is reduced to writing before For purposes of the foreign earned income ex- your move to the foreign country, your employer clusion, the foreign housing exclusion, and the Move from United States to foreign will reimburse you for your move back to the foreign housing deduction, foreign earned in- country. If you move from the United States to United States regardless of whether you con- come does not include any amounts paid by the a foreign country, your moving expense reim- tinue to work for the employer, the includible re- United States or any of its agencies to its em- bursement is generally considered pay for fu- imbursement is considered compensation for ployees. This includes amounts paid from both ture services to be performed at the new loca- past services performed in the foreign country. appropriated and nonappropriated funds. tion. The reimbursement is considered earned The includible reimbursement is considered solely in the year of the move if you qualify for earned in the year of the move if you qualify for The following organizations (and other or- the exclusion for a period that includes at least the foreign earned income exclusion for a pe- ganizations similarly organized and operated 120 days during that tax year. riod that includes at least 120 days during that under U.S. Army, Navy, or Air Force regula- If you are neither a bona fide resident of nor year. Otherwise, you treat the includible reim- tions) are integral parts of the Armed Forces, physically present in a foreign country or coun- bursement as received for services performed agencies, or instrumentalities of the United tries for a period that includes 120 days during in the foreign country in the year of the move States. the year of the move, a portion of the reim- and the year immediately before the year of the • U.S. Armed Forces exchanges. bursement is considered earned in the year of move. • Commissioned and noncommissioned offi- the move and a portion is considered earned in See the discussion under Move from United cers' messes. the year following the year of the move. To fig- States to foreign country, earlier, to figure the • Armed Forces motion picture services. ure the amount earned in the year of the move, amount of the includible reimbursement consid- • Kindergartens on foreign Armed Forces in- multiply the reimbursement by a fraction. The ered earned in the year of the move. The stallations. numerator (top number) is the number of days amount earned in the year before the year of in your qualifying period that fall within the year the move is the difference between the total in- Amounts paid by the United States or its of the move, and the denominator (bottom num- cludible reimbursement and the amount earned agencies to persons who aren’t their employees ber) is the total number of days in the year of in the year of the move. may qualify for exclusion or deduction. the move. Example. You are a U.S. citizen employed If you are a U.S. Government employee paid The difference between the total reimburse- in a foreign country. You retired from employ- by a U.S. agency that assigned you to a foreign ment and the amount considered earned in the ment with your employer on March 31, 2022, government to perform specific services for year of the move is the amount considered and returned to the United States on the same which the agency is reimbursed by the foreign earned in the year following the year of the day, after having been a bona fide resident of government, your pay is from the U.S. Govern- move. The part earned in each year is figured the foreign country for several years. A written ment and doesn’t qualify for exclusion or de- as shown in the following example. agreement with your employer entered into be- duction. Example. You are a U.S. citizen working in fore you went abroad provided that you would the United States. You were told in October be reimbursed for your move back to the United If you have questions about whether you are 2021 that you were being transferred to a for- States. an employee or an independent contractor, get eign country. You arrived in the foreign country In April 2022, your former employer reim- Pub. 15-A. on December 15, 2021, and you are a bona fide bursed you $4,000 for the cost of your move resident for the remainder of 2021 and all of back to the United States. Because you were American Institute in Taiwan. Amounts paid 2022. Your employer reimbursed you $2,000 in not a bona fide resident of a foreign country or by the American Institute in Taiwan aren’t for- January 2022 for your moving expense. Be- countries for a period that included at least 120 eign earned income for purposes of the foreign cause you did not qualify for the exclusion un- earned income exclusion, the foreign housing der the bona fide residence test for at least 120 exclusion, or the foreign housing deduction. If you are an employee of the American Institute Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 17 |
Page 18 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in Taiwan, allowances you receive are exempt venience must be determined from all the facts You cannot exclude more than the smaller from U.S. tax up to the amount that equals and circumstances. Meals furnished at no of: tax-exempt allowances received by civilian em- charge are considered provided for your em- • $112,000, or ployees of the U.S. Government. ployer's convenience if there is a good business • Your foreign earned income (discussed reason for providing them, other than to give earlier) for the tax year minus your foreign Allowances. Cost-of-living and foreign-area al- you more pay. housing exclusion (discussed later). lowances paid under certain acts of Congress On the other hand, if your employer pro- If both you and your spouse work abroad to U.S. civilian officers and employees sta- vides meals to you or your family as a means of and each of you meets either the bona fide resi- tioned in Alaska and Hawaii or elsewhere out- giving you more pay, and there is no other busi- dence test or the physical presence test, you side the 48 contiguous states and the District of ness reason for providing them, their value is can each choose the foreign earned income ex- Columbia can be excluded from gross income. extra income to you because they aren’t fur- clusion. You both don’t need to meet the same Post differentials are wages that must be inclu- nished for the convenience of your employer. test. Together, you and your spouse can ex- ded in gross income, regardless of the act of Congress under which they are paid. Condition of employment. Lodging is provi- clude as much as $224,000. ded as a condition of employment if you must Paid in year following work. Generally, you More information. Pub. 516 has more infor- accept the lodging to properly carry out the du- are considered to have earned income in the mation for U.S. Government employees ties of your job. You must accept lodging to year in which you do the work for which you re- abroad. properly carry out your duties if, for example, ceive the income, even if you work in one year you must be available for duty at all times or you but are not paid until the following year. If you Exclusion of Meals and Lodging could not perform your duties if the lodging report your income on a cash basis, you report wasn’t furnished. the income on your return for the year you re- You don’t include in your income the value of ceive it. If you work one year, but are not paid meals and lodging provided to you and your Foreign camps. If the lodging is in a camp lo- family by your employer at no charge if the fol- cated in a foreign country, the camp is consid- for that work until the next year, the amount you lowing conditions are met. ered part of your employer's business prem- can exclude in the year you are paid is the ises. The camp must be: amount you could have excluded in the year 1. The meals are furnished: • Provided for your employer's convenience you did the work if you had been paid in that a. On the business premises of your em- because the place where you work is in a year. For an exception to this general rule, see ployer, and remote area where satisfactory housing Year-end payroll period, later. isn’t available to you on the open market Example. You were a bona fide resident of b. For the convenience of your em- within a reasonable commuting distance, Brazil for all of 2021 and 2022. You report your ployer. • Located as close as reasonably possible in income on the cash basis. In 2021, you were 2. The lodging is furnished: the area where you work, and paid $87,900 for work you did in Brazil during • Provided in a common area or enclave that that year. You excluded all of the $87,900 from a. On the business premises of your em- isn’t available to the general public for your income in 2021. ployer, lodging or accommodations and that nor- In 2022, you were paid $124,300 for your b. For the convenience of your em- mally houses at least 10 employees. work in Brazil. $23,800 was for work you did in ployer, and 2021 and $100,500 was for work you did in c. As a condition of your employment. 2022. You can exclude $20,800 of the $23,800 from your income in 2022. This is the $108,700 If these conditions are met, don’t include the Foreign Earned Income maximum exclusion in 2021 minus the $87,900 value of the meals or lodging in your income, actually excluded that year. You must include even if a law or your employment contract says Exclusion the remaining $3,000 in income in 2022 be- that they are provided as compensation. cause you could not have excluded that income If your tax home is in a foreign country and you in 2021 if you had received it that year. You can Amounts you don’t include in income be- meet the bona fide residence test or the physi- exclude all of the $100,500 you were paid for cause of these rules aren’t foreign earned in- cal presence test, you can choose to exclude work you did in 2022 from your 2022 income. come. from your income a limited amount of your for- Your total foreign earned income exclusion eign earned income. Foreign earned income for 2022 is $121,300 ($20,800 for work you did If you receive a Form W-2, excludable was defined earlier in this chapter. in 2021 and $100,500 for work you did in 2022). You would include in your 2022 income $3,000 amounts shouldn’t be included in the total re- You can also choose to exclude from your for the work you did in 2021. ported in box 1 as wages. income a foreign housing amount. This is ex- Family. Your family, for this purpose, includes plained later under Foreign Housing Exclusion. Year-end payroll period. There is an excep- only your spouse and your dependents. If you choose to exclude a foreign housing tion to the general rule that income is consid- amount, you must figure the foreign housing ex- ered earned in the year you do the work for Lodging. The value of lodging includes the clusion before you figure the foreign earned in- which you receive the income. If you are a cost of heat, electricity, gas, water, sewer serv- come exclusion. Your foreign earned income cash-basis taxpayer, any salary or wage pay- ice, and similar items needed to make the lodg- exclusion is limited to your foreign earned in- ment you receive after the end of the year in ing fit to live in. come minus your foreign housing exclusion. which you do the work for which you receive the If you choose to exclude foreign earned in- pay is considered earned entirely in the year Business premises of employer. Generally, come, you cannot deduct, exclude, or claim a you receive it if all four of the following apply. the business premises of your employer is credit for any item that can be allocated to or • The period for which the payment is made wherever you work. For example, if you work as charged against the excluded amounts. This in- is a normal payroll period of your employer a housekeeper, meals and lodging provided in cludes any expenses, losses, and other nor- that regularly applies to you. your employer's home are provided on the busi- mally deductible items allocable to the excluded • The payroll period includes the last day of ness premises of your employer. Similarly, income. For more information about deductions your tax year (December 31 if you figure meals provided to cowhands while herding cat- and credits, see chapter 5. your taxes on a calendar-year basis). tle on land leased or owned by their employer • The payroll period is not longer than 16 are considered provided on the premises of days. their employer. Limit on Excludable Amount • The payday comes at the same time in re- lation to the payroll period that it would nor- Convenience of employer. Whether meals or You may be able to exclude up to $112,000 of mally come and it comes before the end of lodging are provided for your employer's con- your foreign earned income in 2022. the next payroll period. Page 18 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction |
Page 19 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example. You are paid twice a month. For days in the year, and then divide the result by 4. Multiply $112, 000, the maximum limit, by the normal payroll period that begins on the 1st the number of days in the year. the fraction 291/365 to find your maximum of the month and ends on the 15th of the month, exclusion for 2022 ($89,293). you are paid on the 16th day of the month. For Example. You report your income on the the normal payroll period that begins on the calendar-year basis and you qualified for the 16th of the month and ends on the last day of foreign earned income exclusion under the the month, you are paid on the 1st day of the bona fide residence test for 75 days in 2022. Choosing the Exclusion following month. Because all of the above con- You can exclude a maximum of 75/365 of ditions are met, the pay you received on Janu- $112,000, or $23,014 of your foreign earned in- The foreign earned income exclusion is volun- ary 1, 2022, is considered earned in 2022. come for 2022. If you qualify under the bona tary. You can choose the exclusion by complet- fide residence test for all of 2023, you can ex- ing the appropriate parts of Form 2555. Income earned over more than 1 year. Re- clude your foreign earned income up to the gardless of when you actually receive income, 2023 limit. you must apply it to the year in which you When You Can Choose the earned it in figuring your excludable amount for Physical presence test. Under the physi- Exclusion that year. For example, a bonus may be based cal presence test, a 12-month period can be on work you did over several years. You deter- any period of 12 consecutive months that in- Your initial choice of the exclusion on Form mine the amount of the bonus that is consid- cludes 330 full days. If you qualify for the for- 2555 must generally be made with one of the ered earned in a particular year in two steps. eign earned income exclusion under the physi- following returns. cal presence test for part of a year, it is 1. Divide the bonus by the number of calen- important to carefully choose the 12-month pe- • A return filed by the due date (including any extensions). dar months in the period when you did the riod that will allow the maximum exclusion for A return amending a timely filed return. work that resulted in the bonus. that year. • Amended returns must generally be filed 2. Multiply the result of (1) by the number of by the later of 3 years after the filing date of months you did the work during the year. Note. See How to figure the 12-month pe- This is the amount that is subject to the ex- riod under Physical Presence Test, earlier, for the original return or 2 years after the tax is clusion limit for that tax year. the rules on figuring the 12-month period. paid. • A return filed within 1 year from the original Income received more than 1 year after it Example. You are physically present and due date of the return (determined without was earned. You can’t exclude income you have your tax home in a foreign country for a regard to any extensions). receive after the end of the year following the 16-month period from June 1, 2021, through year you do the work to earn it. September 30, 2022, except for 16 days in De- Filing after the above periods. You can cember 2021 when you were on vacation in the choose the exclusion on a return filed after the Example. You were a bona fide resident of United States. You figure the maximum exclu- periods described above if you owe no federal Sweden for 2020, 2021, and 2022. You report sion for 2021 as follows. income tax after taking into account the exclu- sion. If you owe federal income tax after taking your income on the cash basis. In 2020, you 1. Beginning with June 1, 2021, count for- into account the exclusion, you can choose the were paid $69,000 for work you did in Sweden ward 330 full days. Do not count the 16 exclusion on a return filed after the periods de- that year, and in 2021, you were paid $74,000 days you spent in the United States. The scribed earlier if you file before the IRS discov- for that year's work in Sweden. You excluded all 330th day, May 12, 2022, is the last day of ers that you failed to choose the exclusion. the income on your 2020 and 2021 returns. a 12-month period. Whether or not you owe federal income tax af- In 2022, you were paid $92,000; $82,000 for ter taking the exclusion into account, if you file your work in Sweden during 2022, and $10,000 2. Count backward 12 months from May 12, your return after the periods described earlier, for work you did in Sweden in 2020. You cannot 2022, to find the first day of this 12-month you must type or legibly print at the top of the exclude any of the $10,000 for work done in period, May 13, 2021. This 12-month pe- first page of the Form 1040 or 1040-SR, “Filed 2020 because you received it after the end of riod runs from May 13, 2021, through May pursuant to section 1.911-7(a)(2)(i)(D).” the year following the year in which you earned 12, 2022. it. You must include the $10,000 in income. You 3. Count the total days during 2021 that fall If you owe federal income tax after taking can exclude all of the $82,000 received for work within this 12-month period. This is 233 into account the foreign earned income exclu- you did in 2022. days (May 13, 2021 – December 31, sion and the IRS discovered that you failed to Community income. The maximum exclusion 2021). choose the exclusion, you may still be able to applies separately to the earnings of spouses. 4. Multiply $108,700 (the maximum exclu- choose the exclusion. You must request a pri- Ignore any community property laws when you sion for 2021) by the fraction 233/365 to vate letter ruling under Regulations section figure your limit on the foreign earned income find your maximum exclusion for 2021 301.9100-3 and Revenue Procedure 2021-1, exclusion. ($69,389). 2021-01 I.R.B. 1, available at IRS.gov/irb/ 2021-01_IRB#REV-PROC-2021-1. Part-year exclusion. If the period for which You figure the maximum exclusion for 2022 you qualify for the foreign earned income exclu- in the opposite manner. Effect of Choosing the Exclusion sion includes only part of the year, you must ad- 1. Beginning with your last full day, Septem- just the maximum limit based on the number of ber 30, 2022, count backward 330 full Once you choose to exclude your foreign qualifying days in the year. The number of quali- days. Do not count the 16 days you spent earned income, that choice remains in effect for fying days is the number of days in the year in the United States. That day, October that year and all later years unless you revoke within the period on which you both: 19, 2021, is the first day of a 12-month pe- it. • Have your tax home in a foreign country, riod. and Foreign tax credit or deduction. Once you • Meet either the bona fide residence test or 2. Count forward 12 months from October the physical presence test. 19, 2021, to find the last day of this choose to exclude foreign earned income, you 12-month period, October 18, 2022. This can’t take a foreign tax credit or deduction for For this purpose, you can count as qualify- 12-month period runs from October 19, taxes on income you can exclude. If you do ing days all days within a period of 12 consecu- 2021, through October 18, 2022. take a credit or deduction for any of those taxes tive months once you are physically present in a later year, your election for the foreign and have your tax home in a foreign country for 3. Count the total days during 2022 that fall earned income exclusion will be revoked begin- 330 full days. To figure your maximum exclu- within this 12-month period. This is 291 ning with that year. See Pub. 514 for more infor- sion, multiply the maximum excludable amount days (January 1, 2022 – October 18, mation. for the year by the number of your qualifying 2022). Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 19 |
Page 20 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional child tax credit. You can’t take the • Repairs, additional child tax credit if you claim the foreign • Utilities (other than telephone charges), earned income exclusion. Foreign Housing • Real and personal property insurance, Earned income credit. If you claim the foreign Exclusion and Deduction • Nondeductible occupancy taxes, • Nonrefundable fees for securing a lease- earned income exclusion, you don’t qualify for hold, the earned income credit for the year. For more In addition to the foreign earned income exclu- Rental of furniture and accessories, and information on this credit, see Pub. 596. sion, you can also claim an exclusion or a de- • duction from gross income for your housing • Residential parking. Figuring tax on income not excluded. If you amount if your tax home is in a foreign country Housing expenses do not include: claim the foreign earned income exclusion, the and you qualify for the exclusions and deduc- • Expenses that are lavish or extravagant housing exclusion (discussed later), or both, tion under either the bona fide residence test or under the circumstances; you must figure the tax on your nonexcluded in- the physical presence test. • Deductible interest and taxes (including deductible interest and taxes of a ten- come using the tax rates that would have ap- The housing exclusion applies only to ant-stockholder in a cooperative housing plied had you not claimed the exclusions. See amounts considered paid for with em- corporation); the Instructions for Form 1040 and complete the ployer-provided amounts. The housing deduc- • The cost of buying property, including prin- Foreign Earned Income Tax Worksheet to fig- tion applies only to amounts paid for with cipal payments on a mortgage; ure the amount of tax to enter on Form 1040 or self-employment earnings. • The cost of domestic labor (maids, garden- 1040-SR, line 16. If you must attach Form 6251 to your return, use the Foreign Earned Income If you are married and you and your spouse ers, etc.); Tax Worksheet provided in the Instructions for each qualifies under one of the tests, see Mar- • Pay television subscriptions; Form 6251. ried Couples, later. • Improvements and other expenses that in- crease the value or appreciably prolong the life of property; Revoking the Exclusion Housing Amount • Purchased furniture or accessories; or • Depreciation or amortization of property or You can revoke your choice for any year. You Your housing amount is the total of your hous- improvements. do this by attaching a statement that you are re- ing expenses for the year minus the base hous- voking one or more previously made choices to ing amount. No double benefit. You can’t include in housing expenses the value of meals the return or amended return for the first year CAUTION! or lodging that you exclude from gross that you do not wish to claim the exclusion(s). Base housing amount. The computation of You must specify which choice(s) you are re- the base housing amount (line 32 of Form income (see Exclusion of Meals and Lodging, voking. You must revoke separately a choice to 2555) is tied to the maximum foreign earned in- earlier). exclude foreign earned income and a choice to come exclusion. The amount is 16% of the ex- exclude foreign housing amounts. clusion amount (computed on a daily basis), Limit on housing expenses. The amount multiplied by the number of days in your qualify- of qualified housing expenses eligible for the If you revoked a choice and within 5 years ing period that fall within your tax year. housing exclusion and housing deduction is again wish to choose the same exclusion, you For 2022, the maximum foreign earned in- limited. The limit is generally 30% of the maxi- must apply for IRS approval. You do this by re- come exclusion is $112,000 per year; 16% of mum foreign earned income exclusion (compu- questing a ruling from the IRS. this amount is $17,920, or $49.10 per day. To ted on a daily basis), multiplied by the number figure your base housing amount if you are a of days in your qualifying period that fall within Mail your request for a ruling, in dupli- calendar year taxpayer, multiply $49.10 by the your tax year. For 2022, this is generally $92.05 cate, to: number of your qualifying days during 2022. per day ($33,600 per year). However, the limit (See Part-year exclusion under Limit on Exclud- will vary depending upon the location of your Associate Chief Counsel (International) able Amount, earlier.) Subtract the result from foreign tax home. Internal Revenue Service your total housing expenses (up to the applica- A qualified individual incurring housing ex- Attn: CC:PA:LPD:DRU ble limit) to find your housing amount. penses in a high-cost locality during 2022 can P.O. Box 7604 use housing expenses that total more than the Ben Franklin Station Example. Your qualifying period includes standard limit on housing expenses ($33,600) Washington, DC 20044 all of 2022. During the year, you spent $19,124 to determine the housing amount. An individual for your housing. This is below the limit for the who does not incur housing expenses in a location in which you incurred the expenses. high-cost locality is limited to maximum housing Your housing amount is $19,124 minus expenses of $92.05 per day ($33,600 per year). In deciding whether to give approval, the IRS $17,920, or $1,204. The limits for high-cost localities are listed in will consider any facts and circumstances that the Instructions for Form 2555. may be relevant. These may include a period of U.S. Government allowance. You must re- You can elect to apply the 2022 hous- residence in the United States, a move from duce your housing amount by any U.S. Govern- TIP ing cost limits to figure your 2021 hous- one foreign country to another foreign country ment allowance or similar nontaxable allowance ing exclusion instead of using the 2021 with different tax rates, a substantial change in intended to compensate you or your spouse for limits. The IRS and Treasury anticipate that you the tax laws of the foreign country of residence the expenses of housing during the period for will be able to elect to apply the 2023 limits to or physical presence, and a change of em- which you claim a foreign housing exclusion or figure your 2022 housing exclusion instead of ployer. For more information go to IRS.gov/ deduction. using the 2022 limits. Individuals/International-Taxpayers/Revoking- Your-Choice-to-Exclude-Foreign-Earned- Housing expenses. Housing expenses in- Second foreign household. Ordinarily, if Income. clude your reasonable expenses paid or incur- you maintain two foreign households, your rea- If a private delivery service is used, the red for housing in a foreign country for you and sonable foreign housing expenses include only address is: (if they live with you) for your spouse and de- costs for the household that bears the closer re- pendents. lationship (not necessarily geographic) to your Associate Chief Counsel (International) Consider only housing expenses for the part tax home. However, if you maintain a second, Internal Revenue Service of the year that you qualify for the foreign separate household outside the United States Attn: CC:PA:LPD:TSS, Room 5336 earned income exclusion. for your spouse or dependents because living 1111 Constitution Ave. NW Housing expenses include: conditions near your tax home are dangerous, Washington, DC 20224 • Rent, unhealthful, or otherwise adverse, include the • The fair rental value of housing provided in expenses for the second household in your kind by your employer, Page 20 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction |
Page 21 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. reasonable foreign housing expenses. You Earned Income Tax Worksheet provided in the Carryover. You can carry over to the next year can’t include expenses for more than one sec- Instructions for Form 6251. any part of your housing deduction that is not al- ond foreign household at the same time. lowed because of the limit. You are allowed to If you maintain two households and you ex- Foreign tax credit or deduction. Once you carry over your excess housing deduction to the clude the value of one because it is provided by choose to exclude foreign housing amounts, next year only. If you can’t deduct it in the next your employer, you can still include the expen- you can’t take a foreign tax credit or deduction year, you can’t carry it over to any other year. ses for the second household in figuring a for- for taxes on income you can exclude. If you do You deduct the carryover in figuring adjusted eign housing exclusion or deduction. take a credit or deduction for any of those gross income. The amount of carryover you can Adverse living conditions include: taxes, your choice to exclude housing amounts deduct is limited to your foreign earned income • A state of warfare or civil insurrection in the may be considered revoked. See Pub. 514 for for the year of the carryover minus the total of general area of your tax home, and more information. your foreign earned income exclusion, housing • Conditions under which it is not feasible to exclusion, and housing deduction for that year. provide family housing (for example, if you Additional child tax credit. You can’t take the must live on a construction site or drilling additional child tax credit if you claim the foreign Additional child tax credit. You can’t take the rig). housing exclusion. additional child tax credit if you claim the foreign housing deduction. Earned income credit. If you claim the foreign Foreign Housing Exclusion housing exclusion, you don’t qualify for the earned income credit for the year. Married Couples If you do not have self-employment income, all of your earnings are employer-provided If both you and your spouse qualify for the for- amounts and your entire housing amount is Foreign Housing Deduction eign housing exclusion or the foreign housing considered paid for with those employer-provi- deduction, how you figure the benefits depends ded amounts. This means that you can exclude If you don’t have self-employment income, you on whether you maintain separate households. (up to the limits) your entire housing amount. can’t take a foreign housing deduction. Separate Households Employer-provided amounts. These include How you figure your housing deduction de- any amounts paid to you or paid or incurred on pends on whether you have only self-employ- If you and your spouse live apart and maintain your behalf by your employer that are taxable ment income or both self-employment income separate households, you both may be able to foreign earned income (without regard to the and employer-provided income. In either case, claim the foreign housing exclusion or the for- foreign earned income exclusion) to you for the the amount you can deduct is subject to the eign housing deduction. You both can claim the year. Employer-provided amounts include: limit described later. exclusion or the deduction if both of the follow- • Your salary, ing conditions are met. • Any reimbursement for housing expenses, Self-employed, no employer-provided You and your spouse have different tax • Amounts your employer pays to a third amounts. If none of your housing amount is • homes that aren’t within reasonable com- party on your behalf, considered paid for with employer-provided muting distance of each other. • The fair rental value of company-owned amounts, such as when all of your income is Neither spouse's residence is within rea- housing furnished to you unless that value from self-employment, you can deduct your • sonable commuting distance of the other is excluded under the rules explained ear- housing amount, subject to the limit described spouse's tax home. lier under Exclusion of Meals and Lodging, later. • Amounts paid to you by your employer as Take the deduction by including it on line 24j Housing exclusion. Each spouse claiming a part of a tax equalization plan, and of Schedule 1 (Form 1040). housing exclusion must figure separately the • Amounts paid to you or a third party by part of the housing amount that is attributable to your employer for the education of your de- Self-employed and employer-provided employer-provided amounts, based on the sep- pendents. amounts. If you are both an employee and a arate foreign earned income. self-employed individual during the year, you Choosing the exclusion. You can choose can deduct part of your housing amount and ex- the housing exclusion by completing the appro- clude part of it. To find the part that you can ex- One Household priate parts of Form 2555. Rules about choos- clude, multiply your housing amount by the em- ing the exclusion under Foreign Earned Income ployer-provided amounts (discussed earlier) If you and your spouse lived in the same foreign Exclusion, earlier, also apply to the foreign and then divide the result by your foreign household and file a joint return, you must figure housing exclusion. earned income. This is the amount you can use your housing amounts jointly. If you file sepa- Your housing exclusion is the lesser of: to figure your foreign housing exclusion. You rate returns, only one spouse can claim the • That part of your housing amount paid for can deduct the balance of the housing amount, housing exclusion or deduction. with employer-provided amounts, or subject to the limit described later. • Your foreign earned income. In figuring your housing amount jointly, you If you choose the housing exclusion, you must Example. Your housing amount for the can combine your housing expenses and figure figure it before figuring your foreign earned in- year is $18,000. During the year, your total for- one base housing amount. Either spouse (but come exclusion. You cannot claim less than the eign earned income is $100,000, of which half not both) can claim the housing exclusion or full amount of the housing exclusion to which ($50,000) is from self-employment and half is housing deduction. However, if you and your you are entitled. from your services as an employee. Half of your spouse have different periods of residence or housing amount ($18,000 ÷ 2) is considered presence and the one with the shorter period of Figuring tax on income not excluded. If provided by your employer. You can exclude residence or presence claims the exclusion or you claim the housing exclusion, the foreign $9,000 as a housing exclusion. You can deduct deduction, you can claim as housing expenses earned income exclusion (discussed earlier), or the remaining $9,000 as a housing deduction only the expenses for that shorter period. both, you must figure the tax on your nonexclu- subject to the following limit. ded income using the tax rates that would have Example. Tom and Jane live together and applied had you not claimed the exclusions. Limit file a joint return. Tom was a bona fide resident See the Instructions for Form 1040 and com- of and had his tax home in Ghana from August plete the Foreign Earned Income Tax Work- 17, 2022, through December 31, 2023. Jane sheet to figure the amount of tax to enter on Your housing deduction cannot be more than was a bona fide resident of and had her tax Form 1040 or 1040-SR, line 16. If you must at- your foreign earned income minus the total of: home in Ghana from September 15, 2022, tach Form 6251 to your return, use the Foreign • Your foreign earned income exclusion, through December 31, 2023. plus During 2022, Tom received $75,000 of for- • Your housing exclusion. eign earned income and Jane received $50,000 Chapter 4 Foreign Earned Income and Housing: Exclusion – Deduction Page 21 |
Page 22 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of foreign earned income. Tom paid $10,000 for amounts. This includes any expenses, losses, housing expenses, of which $7,500 was for ex- and other normally deductible items that are al- penses incurred from September 15 through locable to the excluded income. You can de- the end of the year. Jane paid $3,000 for hous- 5. duct only those expenses connected with earn- ing expenses in 2022, all of which were incurred ing includible income. during her period of residence in Ghana. Tom and Jane figure their housing amount These rules apply only to items definitely re- jointly. If Tom claims the housing exclusion, Deductions and lated to the excluded earned income and they their housing expenses would be $13,000 do not apply to other items that aren’t definitely related to any particular type of gross income. ($10,000 + $3,000) and their base housing Credits These rules don’t apply to items such as: amount, using Tom's 2022 period of residence (August 17–December 31, 2022), would be • Qualified retirement contributions, $6,727 ($49.10 × 137 days). Tom's housing Topics • Alimony payments, amount would be $6,273 ($13,000 – $6,727). If, This chapter discusses: • Charitable contributions, instead, Jane claims the housing exclusion, • Medical expenses, their housing expenses would be limited to • The rules concerning items related to • Mortgage interest, or $10,500 ($7,500 + $3,000) and their base hous- excluded income, • Real estate taxes on your personal resi- ing amount, using Jane's period of residence • Contributions to foreign charitable dence. (September 15–December 31, 2022), would be organizations, For purposes of these rules, your housing $5,303 ($49.10 × 108 days). Jane's housing • Contributions to individual retirement deduction isn’t treated as allocable to your ex- amount would be $5,197 ($10,500 – $5,303). arrangements (IRAs), cluded income, but the deduction for self-em- • Taxes of foreign countries and U.S. ployment tax is. territories, and Form 2555 • How to report deductions. If you receive foreign earned income in a tax year after the year in which you earned it, you may have to file an amended return for the ear- Use Form 2555 to claim the foreign earned in- Useful Items lier year to properly adjust the amounts of de- come exclusion. You must file Form 2555 each You may want to see: ductions, credits, or exclusions allocable to your year you are claiming the exclusion. foreign earned income and housing exclusions. Also, use Form 2555 to claim either the for- Publication eign housing exclusion or the foreign housing 501 501 Dependents, Standard Deduction, Example. In 2021, you had $95,600 of for- deduction. Form 2555 shows how you meet the and Filing Information eign earned income and $9,500 of deductions bona fide residence test or physical presence allocable to your foreign earned income. You test, how much of your earned income is exclu- 514 514 Foreign Tax Credit for Individuals did not have a housing exclusion. Because you ded, and how to figure the amount of your al- 523 523 Selling Your Home excluded all of your foreign earned income, you lowable housing exclusion or deduction. would not have been able to claim any of the 590-A 590-A Contributions to Individual deductions on your 2021 return. Note. Don’t submit Form 2555 by itself. Retirement Arrangements (IRAs) In 2022, you received a $14,000 bonus for work you did abroad in 2021. You can exclude If you are a U.S. citizen or resident alien who 597 597 Information on the United States– $13,100 of the bonus because the limit on the is a citizen or national of a U.S. treaty country, Canada Income Tax Treaty foreign earned income exclusion for 2021 was you can claim the exclusion under the bona fide $108,700 and you have already excluded residence test. You should fill out Parts I, II, IV, Form (and Instructions) $95,600. Since you must include $900 of the and V of Form 2555. In filling out Part II, be sure 1116 1116 Foreign Tax Credit bonus ($14,000 − $13,100) for work you did in to give your visa type and the period of your 2021 in income, you can file an amended return bona fide residence. Frequently, these items 2106 2106 Employee Business Expenses for 2020 to claim $78.00 ($9,500 x are overlooked. 2555 2555 Foreign Earned Income $900/$109,600) of the deductions. These are the deductions allocable to the foreign earned U.S. citizens and all resident aliens can Schedule A (Form 1040) Schedule A (Form 1040) Itemized income ($9,500) multiplied by the includible claim the exclusion under the physical pres- Deductions portion of the foreign earned income ($900) and ence test. You should fill out Parts I, III, IV, and V of Form 2555. When filling out Part III, be sure Schedule C (Form 1040) Schedule C (Form 1040) Profit or Loss divided by the total foreign earned income for to insert the beginning and ending dates of your From Business 2021 ($109,600). 12-month period and the dates of your arrivals SS-5 SS-5 Application for a Social Security and departures, as requested in the travel Card schedule. Contributions to Foreign W-7 W-7 Application for IRS Individual You must fill out Part VI if you are claiming a Taxpayer Identification Number Charitable Organizations foreign housing exclusion or deduction. See chapter 7 for information about getting If you make contributions directly to a foreign If you are claiming the foreign earned in- these publications and forms. church or other foreign charitable organization, come exclusion, fill out Part VII. you generally cannot deduct them. Exceptions If you are claiming the foreign earned in- are explained under Canadian, Mexican, and come exclusion, the foreign housing exclusion, Items Related to Israeli charities, later. or both, fill out Part VIII. You can deduct contributions to a U.S. or- Excluded Income Finally, fill out Part IX if you are claiming the ganization that transfers funds to a charitable foreign housing deduction. U.S. citizens and resident aliens living outside foreign organization if the U.S. organization the United States are generally allowed the controls the use of the funds by the foreign or- If you and your spouse both qualify to claim same deductions as citizens and residents liv- ganization or if the foreign organization is just the foreign earned income exclusion, the for- ing in the United States. an administrative arm of the U.S. organization. eign housing exclusion, or the foreign housing deduction, you and your spouse must file sepa- If you choose to exclude foreign earned in- Canadian, Mexican, and Israeli charities. rate Forms 2555 to claim these benefits. See come or housing amounts, you cannot deduct, Under the income tax treaties with Canada, the discussion earlier under Separate House- exclude, or claim a credit for any item that can Mexico, and Israel, you may be able to deduct holds. be allocated to or charged against the excluded contributions to certain Canadian, Mexican, and Page 22 Chapter 5 Deductions and Credits |
Page 23 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Israeli charitable organizations. Generally, you Foreign income taxes. These are generally Subsidies. If a foreign country returns your must have income from sources in Canada, income taxes you pay to any foreign country or foreign tax payments to you in the form of a Mexico, or Israel, and the organization must U.S. territory. subsidy, you cannot claim a foreign tax credit meet certain requirements. See Pub. 597 and based on these payments. This rule applies to a Pub. 526, Charitable Contributions, for more in- Foreign income taxes on U.S. return. For- subsidy provided by any means that is deter- formation. eign income taxes can only be taken as a credit mined, directly or indirectly, by reference to the on Schedule 3 (Form 1040), line 1, or as an amount of tax, or to the base used to figure the itemized deduction on Schedule A (Form 1040). tax. Contributions to These amounts cannot be included as withheld Some ways of providing a subsidy are re- income taxes on Form 1040 or 1040-SR, funds, credits, deductions, payments, or dis- Individual Retirement line 25. charges of obligations. A credit is also not al- lowed if the subsidy is given to a person related Arrangements Foreign taxes paid on excluded income. to you, or persons who participated in a trans- You cannot take a credit or deduction for for- action or a related transaction with you. Contributions to your individual retirement ar- eign income taxes paid on earnings you ex- rangements (IRAs) that are traditional IRAs or clude from tax under any of the following. Roth IRAs are generally limited to the lesser of • Foreign earned income exclusion. Limit $6,000 ($7,000 if 50 or older) or your compen- • Foreign housing exclusion. sation that is includible in your gross income for • Territory exclusion. The foreign tax credit is limited to the part of the tax year. In determining compensation for your total U.S. tax that is in proportion to your this purpose, don’t take into account amounts If your wages are completely excluded, you taxable income from sources outside the United you exclude under either the foreign earned in- can’t deduct or take a credit for any of the for- States compared to your total taxable income. come exclusion or the foreign housing exclu- eign taxes paid on your wages. The allowable foreign tax credit can’t be more sion. Don’t reduce your compensation by the If only part of your wages is excluded, you than your actual foreign tax liability. foreign housing deduction. can’t deduct or take a credit for the foreign in- come taxes allocable to the excluded part. You Exemption from limit. You won’t be subject If you are covered by an employer retire- find the taxes allocable to your excluded wages to this limit and won’t have to file Form 1116 if ment plan at work, your deduction for your con- by applying a fraction to the foreign taxes paid you meet all three of the following requirements. tributions to your traditional IRAs is generally on foreign earned income received during the • Your only foreign source income for the limited based on your modified adjusted gross tax year. The numerator (top number) of the year is passive income (dividends, inter- income. This is your adjusted gross income fig- fraction is your excluded foreign earned income est, royalties, etc.) that is reported to you ured without taking into account the foreign received during the tax year minus deductible on a payee statement (such as a Form earned income exclusion, the foreign housing expenses allocable to that income (not includ- 1099-DIV or 1099-INT). exclusion, or the foreign housing deduction. ing the foreign housing deduction). The denom- • Your foreign taxes for the year that qualify Other modifications are also required. For more inator (bottom number) of the fraction is your to- for the credit are not more than $300 ($600 information on contributions to IRAs, see Pub. tal foreign earned income received during the if you are filing a joint return) and are repor- 590-A. tax year minus all deductible expenses alloca- ted on a payee statement. ble to that income (including the foreign housing • You elect this procedure. deduction). Taxes of Foreign If foreign law taxes both earned income and If you make this election, you can’t carry back or some other type of income and the taxes on the carry over any unused foreign tax to or from this Countries and U.S. other type can’t be separated, the denominator year. of the fraction is the total amount of income sub- Separate limit. You must figure the limit on a Territories ject to foreign tax minus deductible expenses separate basis with regard to “section 951A cat- allocable to that income. You can take either a credit or a deduction for egory income,” “foreign branch category in- income taxes paid to a foreign country or a U.S. If you take a foreign tax credit for tax on come,” “passive category income,” “general cat- territory. Taken as a deduction, foreign income ! income you could have excluded under egory income,” “section 901(j) income,” “certain taxes reduce your taxable income. Taken as a CAUTION your choice to exclude foreign earned income re-sourced by treaty,” and any credit, foreign income taxes reduce your tax lia- income or your choice to exclude foreign hous- “lump-sum distributions” from an employer ben- bility. You must treat all foreign income taxes ing costs, one or both of the choices may be efit plan for which the special averaging treat- the same way. If you take a credit for any for- considered revoked. ment is used to determine your tax (see the eign income taxes, you cannot deduct any for- Instructions for Form 1116). eign income taxes. However, you may be able to deduct other foreign taxes. See Deduction for Credit for Foreign Income Figuring the limit. In figuring taxable income Other Foreign Taxes, later. Taxes in each category, you take into account only the amount that you must include in income on your federal tax return. Don’t take any excluded There is no rule to determine whether it is to If you take the foreign tax credit, you may have amount into account. your advantage to take a deduction or a credit to file Form 1116 with Form 1040 or 1040-SR. for foreign income taxes. In most cases, it is to Form 1116 is used to figure the amount of for- To determine your taxable income in each your advantage to take foreign income taxes as eign tax paid or accrued that can be claimed as category, deduct expenses and losses that are a tax credit, which you subtract directly from a foreign tax credit. Don’t include the amount of definitely related to that income. your U.S. tax liability, rather than as a deduction foreign tax paid or accrued as withheld federal Other expenses (such as itemized deduc- in figuring taxable income. However, if foreign income taxes on Form 1040 or 1040-SR, tions or the standard deduction) not definitely income taxes were imposed at a high rate and line 25. related to specific items of income must be ap- the proportion of foreign income to U.S. income portioned to the foreign income in each cate- is small, a lower final tax may result from de- The foreign income tax for which you can gory by multiplying them by a fraction. The nu- ducting the foreign income taxes. In any event, claim a credit is the amount of legal and actual merator (top number) of the fraction is your you should figure your tax liability both ways tax liability you pay or accrue during the year. gross foreign income in the separate limit cate- and then use the one that is better for you. The amount for which you can claim a credit is gory. The denominator (bottom number) of the not necessarily the amount withheld by the for- fraction is your gross income from all sources. You can make or change your choice within eign country. You can’t take a foreign tax credit For this purpose, gross income includes income 10 years from the due date for filing the tax re- for income tax you paid to a foreign country that that is excluded under the foreign earned in- turn on which you are entitled to take either the would be refunded by the foreign country if you come provisions but does not include any other deduction or the credit. made a claim for refund. exempt income. You must use special rules for Chapter 5 Deductions and Credits Page 23 |
Page 24 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. deducting interest expenses. For more informa- Deduction for Other Foreign The remaining mortgage interest of $2,070 tion on allocating and apportioning your deduc- can be deducted on line 8a or 8b of Schedule A tions, see Pub. 514. Taxes (Form 1040). Recapture of foreign losses. If you have an You cannot deduct other foreign taxes, such as Example 2. You are a U.S. citizen, have a overall foreign loss and the loss reduces your real property or personal property taxes, unless tax home in Spain, and meet the physical pres- U.S. source income (resulting in a reduction of you incurred the expenses in a trade or busi- ence test. You are self-employed and personal your U.S. tax liability with respect to U.S. source ness or in the production of income. services produce the business income. Your income), you must recapture the loss in later On the other hand, you can generally deduct gross income was $121,842, business expen- years when you have taxable income from for- real property or personal property taxes when ses were $67,695, and net income (profit) was eign sources. This is done by treating a part of you pay them to U.S. territories. But if you claim $54,147. You choose the foreign earned in- your taxable income from foreign sources in the territory exclusion, see Pub. 570. come exclusion and exclude $112,000 of your later years as U.S. source income. This reduces gross income. Since your excluded income is the numerator of the limiting fraction and the re- The deduction for foreign taxes other than 91.92% (0.9192) of your total income, 91.92% sulting foreign tax credit limit. foreign income taxes isn’t related to the foreign (0.9192) of your business expenses are not de- tax credit. You can take deductions for these ductible. Report your total income and expen- Recapture of domestic losses. If you have miscellaneous foreign taxes and also claim the ses on Schedule C (Form 1040). On Form an overall domestic loss and the loss reduces foreign tax credit for income taxes imposed by a 2555, you will show the following. your foreign source income (resulting in a re- foreign country. Line 20a, $121,842, gross income. • duction in the amount of foreign tax credit you • Lines 42 and 43, $112,000, foreign earned can claim for taxes paid during that year), you income exclusion. must recapture the loss in later years when you How To Report • Line 44, $62,225 (91.92% (0.9192) × have U.S. source taxable income. This is done $67,695), business expenses attributable by treating a part of your taxable income from Deductions to the exclusion. U.S. sources in later years as foreign source in- come. This increases the numerator of the limi- If you exclude foreign earned income or hous- Example 3. Assume in Example 2 that tation fraction and the resulting foreign tax ing amounts, how you show your deductions on both capital and personal services combine to credit limit. your tax return and how you figure the amount produce the business income. No more than allocable to your excluded income depends on 30% of your net income or $16,244 ($54,147 x Foreign tax credit carryback and carryover. whether the expenses are used in figuring ad- 30% (0.30)), assuming that this amount is a rea- The amount of foreign income tax not allowed justed gross income (Form 1040 or 1040-SR, sonable allowance for your services, is consid- as a credit because of the limit can be carried line 11) or are itemized deductions. ered earned and can be excluded. Your exclu- back 1 year and carried forward 10 years. If you have deductions used in figuring ad- sion of $16,244 is 13.33% of your gross income The Schedule B (Form 1116) is used to rec- justed gross income, enter the total amount for ($16,244 ÷ $121,842). Because you excluded oncile your prior year foreign tax carryover with each of these items on the appropriate lines 13.33% of your net income, $9,024 (13.33% your current year foreign tax carryover. The and schedules of Form 1040 or 1040-SR. Gen- (0.1333) x $67,695) of your business expenses schedule replaces the previous attachment re- erally, you figure the amount of a deduction re- is attributable to the excluded income and is not quirement for Part III, line 10 (Form 1116). For lated to the excluded income by multiplying the deductible. more information, see the Instructions for deduction by a fraction, the numerator of which Schedule B (Form 1116) and the instructions is your foreign earned income exclusion and the Example 4. You are a U.S. citizen, have a for Form 1116, line 10, at IRS.gov/Form1116. denominator of which is your foreign earned in- tax home in Brazil, and meet the physical pres- come. Enter the amount of the deduction(s) re- ence test. You are self-employed and both capi- lated to excluded income on line 44 of Form tal and personal services combine to produce Deduction for Foreign 2555. business income. Your gross income was Income Taxes $146,000, business expenses were $172,000, If you have itemized deductions related to and your net loss was $26,000. A reasonable Instead of taking the foreign tax credit, you can excluded income, enter on Schedule A (Form allowance for the services you performed for deduct foreign income taxes as an itemized de- 1040) only the part not related to excluded in- the business is $77,000. Because you incurred duction on Schedule A (Form 1040). come. You figure that amount by subtracting a net loss, the earned income limit of 30% of from the total deduction the amount related to your net profit does not apply. The $77,000 is You deduct only foreign income taxes paid excluded income. Generally, you figure the foreign earned income. If you choose to ex- on income that is subject to U.S. tax. You can’t amount that is related to the excluded income clude the $77,000, you exclude 52.74% of your deduct foreign taxes paid on earnings you ex- by multiplying the total deduction by a fraction, gross income ($77,000 ÷ $146,000), and clude from tax under any of the following. the numerator of which is your foreign earned 52.74% of your business expenses ($90,713) is • Foreign earned income exclusion. income exclusion and the denominator of which attributable to that income and is not deducti- • Foreign housing exclusion. is your foreign earned income. Attach a state- ble. Show your total income and expenses on • Territory exclusion. ment to your return showing how you figured Schedule C (Form 1040). On Form 2555, ex- the deductible amount. Example. You are a U.S. citizen and qualify clude $77,000 and show $90,713 on line 44. Subtract line 44 from line 43, and enter the dif- to exclude your foreign earned income. Your Example 1. You are a U.S. citizen em- ference as a negative (in parentheses) on excluded wages in Country X are $70,000 on ployed as an accountant. Your tax home is in line 45. Because this amount is negative, enter which you paid income tax of $10,000. You re- Germany for the entire tax year. You meet the it as a positive (no parentheses) on line 8d of ceived dividends from Country X of $2,000 on physical presence test. Your foreign earned in- Schedule 1 (Form 1040), and combine it with which you paid income tax of $600. come for the year was $129,875 and your in- your other income to arrive at total income on You can deduct the $600 tax payment be- vestment income was $8,890. After excluding line 9 of Schedule 1 (Form 1040). cause the dividends relating to it are subject to $112,000, your adjusted gross income is U.S. tax. Because you exclude your wages, you $26,755. In this situation (Example 4 ), you would cannot deduct the income tax of $10,000. Generally, mortgage interest is deductible TIP probably not want to choose the for- If you exclude only a part of your wages, see on Schedule A (Form 1040). You paid mort- eign earned income exclusion if this the earlier discussion under Foreign taxes paid gage interest on your foreign home of $15,000. was the first year you were eligible. If you had on excluded income. Your mortgage is under $750,000. Reduce the chosen the exclusion in an earlier year, you $15,000 of your mortgage interest by might want to revoke the choice for this year. To 86.2%(0.862) ($12,930) because you excluded do so would mean that you could not claim the 86.2%(0.862) ($112,000/$129,875) of your exclusion again for the next 5 tax years without foreign earned income. Page 24 Chapter 5 Deductions and Credits |
Page 25 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. IRS approval. See Choosing the Exclusion in Under these treaties, citizens and residents Pensions and annuities. If you are a U.S. chapter 4. of the United States who are subject to taxes resident, nongovernment pensions and annui- imposed by the foreign countries are entitled to ties you receive may be exempt from the in- Example 5. You are a U.S. citizen, have a certain credits, deductions, exemptions, and re- come tax of treaty countries. tax home in Panama, and meet the bona fide ductions in the rate of taxes of those foreign residence test. You have been performing serv- countries. If a foreign country with which the Most treaties contain separate provisions for ices for clients as a partner in a firm that pro- United States has a treaty imposes a tax on exempting government pensions and annuities vides services exclusively in Panama. Capital you, you may be entitled to benefits under the from treaty country income tax, and some trea- investment is not material in producing the part- treaty. ties provide exemption from the treaty country's income tax for social security payments. nership's income. Under the terms of the part- Treaty benefits are generally available to Investment income. If you are a U.S. resi- nership agreement, you are to receive 50% of residents of the United States. They are gener- dent, investment income, such as interest and the net profits. The partnership received gross ally not available to U.S. citizens who do not re- dividends, that you receive from sources in a income of $248,000 and incurred operating ex- side in the United States. However, certain treaty country may be exempt from that coun- penses of $102,250. Of the net profits of treaty benefits and safeguards, such as the try's income tax or taxed at a reduced rate. $145,750, you received $72,875 as your distrib- nondiscrimination provisions, are available to utive share. U.S. citizens residing in the treaty countries. Several treaties provide exemption for capi- You choose to exclude $112,000 of your U.S. citizens residing in a foreign country may tal gains (other than from sales of real property share of the gross income. Because you ex- also be entitled to benefits under that country's in most cases) if specified requirements are clude 90.32%(0.9032) ($112,000 ÷ $124,000) tax treaties with third countries. met. of your share of the gross income, you cannot deduct $46,176, which is 90.32%(0.9032) of Certification of U.S. residency. Use Form Tax credit provisions. If you are a U.S. resi- your share of the operating expenses (90.32% 8802 to request certification of U.S. residency dent who receives income from or owns capital (0.9032) × $51,125). Report $72,875, your dis- for purposes of claiming benefits under a tax in a foreign country, you may be taxed on that tributive share of the partnership net profit, on treaty. Certification can be requested for the income or capital by both the United States and Schedule E (Form 1040). On Form 2555, show current and any prior calendar years. the treaty country. $112,000 on line 42 and show $46,176 on line 44. Your exclusion on Form 2555 is You should examine the specific treaty Most treaties allow you to take a credit $65,824. TIP articles to find if you are entitled to a against or deduction from the treaty country's tax credit, tax exemption, reduced rate taxes based on the U.S. tax on the income. of tax, or other treaty benefit or safeguard. Nondiscrimination provisions. Most U.S. tax treaties provide that the treaty country can- not discriminate by imposing more burdensome For more information on tax treaties, go to taxes on U.S. citizens who are residents of the IRS.gov/Individuals/International-Taxpayers/ treaty country than it imposes on its own citi- Tax-Treaties. zens in the same circumstances. 6. Saving clauses. U.S. treaties contain sav- ing clauses that provide that the treaties do not Common Benefits affect the U.S. taxation of its own citizens and residents. As a result, U.S. citizens and resi- Tax Treaty Some common tax treaty benefits are explained dents cannot generally use the treaty to reduce below. The credits, deductions, exemptions, re- their U.S. tax liability. Benefits ductions in rate, and other benefits provided by However, most treaties provide exceptions tax treaties are subject to conditions and vari- to saving clauses that allow certain provisions ous restrictions. Benefits provided by certain of the treaty to be claimed by U.S. citizens or Topics treaties are not necessarily provided by others. residents. It is important that you examine the This chapter discusses: applicable saving clause to determine if an ex- Personal service income. If you are a U.S. • Some common tax treaty benefits, resident who is in a treaty country for a limited ception applies. • How to get help in certain situations, and number of days in the tax year and you meet More information on treaties. Pub. 901 con- • How to get copies of tax treaties. certain other requirements, the payment you re- tains an explanation of treaty provisions that ap- ceive for personal services performed in that ply to amounts received by teachers, students, country may be exempt from that country's in- workers, and government employees and pen- Useful Items come tax. sioners who are alien nonresidents or residents You may want to see: Professors and teachers. If you are a U.S. of the United States. Since treaty provisions are Publication resident, the payment you receive for the first 2 generally reciprocal, you can usually substitute or 3 years that you are teaching or doing re- “U.S.” for the name of the treaty country when- 597 597 Information on the United States– search in a treaty country may be exempt from ever it appears, and vice versa when “U.S.” ap- Canada Income Tax Treaty that country's income tax. pears in the treaty exemption discussions in Pub. 901. 901 901 U.S. Tax Treaties Students, trainees, and apprentices. If Pub. 597 contains an explanation of a num- you are a U.S. resident, amounts you receive ber of frequently used provisions of the United See chapter 7 for information about getting from the United States for study, research, or States–Canada income tax treaty. these publications. business, professional, and technical training in For additional information, go to IRS.gov/ a treaty country may be exempt from a treaty Individuals/International-Taxpayers/Tax- country's income tax. Treaties. Purpose of Tax Treaties Some treaties exempt non-compensatory The United States has bilateral income tax trea- grants, allowances, and awards received from Competent Authority ties, also known as conventions, with many governmental and certain nonprofit organiza- countries. See Table 3 under the list of tax tions. Also, under certain circumstances, a limi- Assistance treaty tables at IRS.gov/Individuals/ ted amount of pay received by students, train- International-Taxpayers/Tax-Treaty-Tables for ees, and apprentices for the performance of If you are a U.S. citizen or resident alien, you a list of countries with which the United States services in a treaty country may be exempt from can request assistance from the U.S. compe- has an income tax treaty in effect. the income tax of many treaty countries. tent authority if you think that the actions of the Chapter 6 Tax Treaty Benefits Page 25 |
Page 26 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. United States, a treaty country, or both, cause 1099-NEC, etc.); unemployment compensation retirees and self-employed individuals. The or will cause a tax situation not intended by the statements (by mail or in a digital format) or features include the following. treaty between the two countries. You should other government payment statements (Form • The First-Time Homebuyer Credit Account read any treaty articles, including the mutual 1099-G); and interest, dividend, and retirement Look-up IRS.gov/HomeBuyer ( ) tool pro- agreement procedure article, that apply in your statements from banks and investment firms vides information on your repayments and situation. (Forms 1099), you have several options to account balance. choose from to prepare and file your tax return. The U.S. competent authority cannot con- You can prepare the tax return yourself, see if • The Sales Tax Deduction Calculator (IRS.gov/SalesTax) figures the amount you sider requests involving countries with which you qualify for free tax preparation, or hire a tax can claim if you itemize deductions on the United States does not have a tax treaty. professional to prepare your return. Schedule A (Form 1040). Instructions for how to prepare and submit a Free options for tax preparation. Go to Getting answers to your tax ques- request are available at IRS.gov/ IRS.gov to see your options for preparing and tions. On IRS.gov, you can get CompetentAuthority. filing your return online or in your local commun- up-to-date information on current Your request for competent authority con- ity, if you qualify, which include the following. events and changes in tax law. sideration should be addressed to: • Free File. This program lets you prepare • IRS.gov/Help: A variety of tools to help you and file your federal individual income tax get answers to some of the most common Commissioner return for free using brand-name tax-prep- tax questions. Large Business and International Division aration-and-filing software or Free File filla- • IRS.gov/ITA: The Interactive Tax Assistant, 1111 Constitution Avenue. NW ble forms. However, state tax preparation a tool that will ask you questions and, Washington, DC 20224 may not be available through Free File. Go based on your input, provide answers on a SE:LB:TTPO:APMA:TAIT: to IRS.gov/FreeFile to see if you qualify for number of tax law topics. NCA 570-03 free online federal tax preparation, e-filing, • IRS.gov/Forms: Find forms, instructions, (Attention: TAIT) and direct deposit or payment options. and publications. You will find details on • VITA.The Volunteer Income Tax Assis- 2022 tax changes and hundreds of interac- tance (VITA) program offers free tax help tive links to help you find answers to your to people with low-to-moderate incomes, questions. Obtaining Copies of Tax persons with disabilities, and limited-Eng- • You may also be able to access tax law in- lish-speaking taxpayers who need help formation in your electronic filing software. Treaties preparing their own tax returns. Go to IRS.gov/ VITA, download the free IRS2Go You can get complete information about treaty app, or call 800-906-9887 for information Need someone to prepare your tax return? provisions from the taxing authority in the coun- on free tax return preparation.IRS.gov/ There are various types of tax return preparers, try from which you receive income or from the VITA, download the free IRS2Go app, or including tax preparers, enrolled agents, certi- treaty itself. You can obtain the text of most call 888-227-7669 for information on free fied public accountants (CPAs), attorneys, and U.S. treaties at IRS.gov/Businesses/ tax return preparation. many others who don’t have professional cre- International-Businesses/United-States- • TCE. The Tax Counseling for the Elderly dentials. If you choose to have someone pre- Income-Tax-Treaties-A-to-Z. (TCE) program offers free tax help for all pare your tax return, choose that preparer taxpayers, particularly those who are 60 wisely. A paid tax preparer is: If you have questions about a treaty, you years of age and older. TCE volunteers • Primarily responsible for the overall sub- can visit IRS.gov/Individuals/International- specialize in answering questions about stantive accuracy of your return, Taxpayers/Tax-Treaties. pensions and retirement-related issues • Required to sign the return, and unique to seniors. Go to IRS.gov/TCE, • Required to include their preparer tax iden- download the free IRS2Go app, or call tification number (PTIN). 888-227-7669 for information on free tax return preparation. Although the tax preparer always signs the • MilTax. Members of the U.S. Armed return, you're ultimately responsible for provid- Forces and qualified veterans may use Mil- ing all the information required for the preparer 7. Tax, a free tax service offered by the De- to accurately prepare your return. Anyone paid partment of Defense through Military One- to prepare tax returns for others should have a Source. For more information, go to thorough understanding of tax matters. For MilitaryOneSource MilitaryOneSource.mil/ ( more information on how to choose a tax pre- How To Get Tax Tax). parer, go to Tips for Choosing a Tax Preparer Also, the IRS offers Free Fillable on IRS.gov. Help Forms, which can be completed online and Coronavirus. Go to IRS.gov/Coronavirus for then filed electronically regardless of in- links to information on the impact of the corona- If you are overseas and need tax help, see Tax- come. virus, as well as tax relief available for individu- payer Assistance Outside the United States, Using online tools to help prepare your re- als and families, small and large businesses, later. turn. Go to IRS.gov/Tools for the following. and tax-exempt organizations. • The Earned Income Tax Credit Assistant Employers can register to use Business (IRS.gov/EITCAssistant) determines if Services Online. The Social Security Adminis- Taxpayer Assistance you’re eligible for the earned income credit tration (SSA) offers online service at SSA.gov/ Inside the United States (EIC). employer for fast, free, and secure online W-2 • The Online EIN Application IRS.gov/EIN ( ) filing options to CPAs, accountants, enrolled If you have questions about a tax issue; need helps you get an employer identification agents, and individuals who process Form W-2, help preparing your tax return; or want to down- number (EIN) at no cost. Wage and Tax Statement, and Form W-2c, load free publications, forms, or instructions, go • The Tax Withholding Estimator IRS.gov/ ( Corrected Wage and Tax Statement. to IRS.gov to find resources that can help you W4app) makes it easier for everyone to right away. pay the correct amount of tax during the IRS social media. Go to IRS.gov/SocialMedia year. The tool is a convenient, online way to see the various social media tools the IRS Preparing and filing your tax return. After to check and tailor your withholding. It’s uses to share the latest information on tax receiving all your wage and earnings state- more user-friendly for taxpayers, including changes, scam alerts, initiatives, products, and ments (Forms W-2, W-2G, 1099-R, 1099-MISC, services. At the IRS, privacy and security are Page 26 Chapter 7 How To Get Tax Help |
Page 27 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. our highest priority. We use these tools to share Note. IRS eBooks have been tested using stolen or you suspect you’re a victim of public information with you. Don’t post your so- Apple's iBooks for iPad. Our eBooks haven’t tax-related identity theft, you can learn cial security number (SSN) or other confidential been tested on other dedicated eBook readers, what steps you should take. information on social media sites. Always pro- and eBook functionality may not operate as in- tect your identity when using any social net- tended. Get an Identity Protection PIN (IP PIN). working site. IP PINs are six-digit numbers assigned to tax- The following IRS YouTube channels pro- Access your online account (individual tax- payers to help prevent the misuse of their SSNs vide short, informative videos on various tax-re- payers only). Go to IRS.gov/Account to se- on fraudulent federal income tax returns. When lated topics in English, Spanish, and ASL. curely access information about your federal tax you have an IP PIN, it prevents someone else • Youtube.com/irsvideos. account. from filing a tax return with your SSN. To learn • Youtube.com/irsvideosmultilingua. • View the amount you owe and a break- more, go to IRS.gov/IPPIN. • Youtube.com/irsvideosASL. down by tax year. • See payment plan details or apply for a Ways to check on the status of your refund. Watching IRS videos. The IRS Video portal new payment plan. • Go to IRS.gov/Refunds. (IRSVideos.gov) contains video and audio pre- • Make a payment or view 5 years of pay- • Download the official IRS2Go app to your sentations for individuals, small businesses, ment history and any pending or sched- mobile device to check your refund status. and tax professionals. uled payments. • Call the automated refund hotline at • Access your tax records, including key 800-829-1954. Online tax information in other languages. data from your most recent tax return, your You can find information on IRS.gov/ EIP amounts, and transcripts. Note. The IRS can’t issue refunds before MyLanguage if English isn’t your native lan- • View digital copies of select notices from mid-February for returns that claimed the EIC or guage. the IRS. the additional child tax credit (ACTC). This ap- • Approve or reject authorization requests plies to the entire refund, not just the portion as- Free Over-the-Phone Interpreter (OPI) Serv- from tax professionals. sociated with these credits. ice. The IRS is committed to serving our multi- • View your address on file or manage your lingual customers by offering OPI services. The communication preferences. Making a tax payment. Go to IRS.gov/ OPI Service is a federally funded program and Payments for information on how to make a is available at Taxpayer Assistance Centers Tax Pro Account. This tool lets your tax pro- payment using any of the following options. (TACs), other IRS offices, and every VITA/TCE fessional submit an authorization request to ac- • IRS Direct Pay: Pay your individual tax bill return site. The OPI Service is accessible in cess your individual taxpayer IRS online or estimated tax payment directly from more than 350 languages. account. For more information, go to IRS.gov/ your checking or savings account at no TaxProAccount. cost to you. Accessibility Helpline available for taxpay- • Debit or Credit Card: Choose an approved ers with disabilities. Taxpayers who need in- Using direct deposit. The fastest way to re- payment processor to pay online or by formation about accessibility services can call ceive a tax refund is to file electronically and phone. 833-690-0598. The Accessibility Helpline can choose direct deposit, which securely and elec- • Electronic Funds Withdrawal: Schedule a answer questions related to current and future tronically transfers your refund directly into your payment when filing your federal taxes us- accessibility products and services available in financial account. Direct deposit also avoids the ing tax return preparation software or alternative media formats (for example, braille, possibility that your check could be lost, stolen, through a tax professional. large print, audio, etc.). The Accessibility Help- or returned undeliverable to the IRS. Eight in 10 • Electronic Federal Tax Payment System: line does not have access to your IRS account. taxpayers use direct deposit to receive their re- Best option for businesses. Enrollment is For help with tax law, refunds, or account-rela- funds. If you don’t have a bank account, go to required. ted issues, go to IRS.gov/LetUsHelp. IRS.gov/DirectDeposit for more information on • Check or Money Order: Mail your payment where to find a bank or credit union that can to the address listed on the notice or in- Note. Form 9000, Alternative Media Prefer- open an account online. structions. ence, or Form 9000(SP) allows you to elect to • Cash: You may be able to pay your taxes receive certain types of written correspondence Getting a transcript of your return. The with cash at a participating retail store. in the following formats. quickest way to get a copy of your tax transcript • Same-Day Wire: You may be able to do • Standard Print. is to go to IRS.gov/Transcripts. Click on either same-day wire from your financial institu- • Large Print. “Get Transcript Online” or “Get Transcript by tion. Contact your financial institution for Mail” to order a free copy of your transcript. If availability, cost, and time frames. • Braille. you prefer, you can order your transcript by call- • Audio (MP3). ing 800-908-9946. Note. The IRS uses the latest encryption technology to ensure that the electronic pay- • Plain Text File (TXT). Reporting and resolving your tax-related ments you make online, by phone, or from a • Braille Ready File (BRF). identity theft issues. mobile device using the IRS2Go app are safe • Tax-related identity theft happens when and secure. Paying electronically is quick, easy, Disasters. Go to Disaster Assistance and someone steals your personal information and faster than mailing in a check or money or- Emergency Relief for Individuals and to commit tax fraud. Your taxes can be af- der. Businesses to review the available disaster tax fected if your SSN is used to file a fraudu- relief. lent return or to claim a refund or credit. What if I can’t pay now? Go to IRS.gov/ Payments for more information about your op- • The IRS doesn’t initiate contact with tax- tions. Getting tax forms and publications. Go to payers by email, text messages, telephone • Apply for an online payment agreement IRS.gov/Forms to view, download, or print all of calls, or social media channels to request (IRS.gov/OPA) to meet your tax obligation the forms, instructions, and publications you personal or financial information. This in- in monthly installments if you can’t pay may need. Or, you can go to IRS.gov/ cludes requests for personal identification your taxes in full today. Once you complete OrderForms to place an order. numbers (PINs), passwords, or similar in- the online process, you will receive imme- formation for credit cards, banks, or other diate notification of whether your agree- Getting tax publications and instructions in financial accounts. ment has been approved. eBook format. You can also download and • Go to IRS.gov/IdentityTheft, the IRS Iden- • Use the Offer in Compromise Pre-Qualifier view popular tax publications and instructions tity Theft Central webpage, for information to see if you can settle your tax debt for (including the Instructions for Form 1040) on on identity theft and data security protec- less than the full amount you owe. For mobile devices as eBooks at IRS.gov/eBooks. tion for taxpayers, tax professionals, and more information on the Offer in Compro- businesses. If your SSN has been lost or mise program, go to IRS.gov/OIC. Chapter 7 How To Get Tax Help Page 27 |
Page 28 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing an amended return. Go to IRS.gov/ the IRS. Go to TaxpayerAdvocate.IRS.gov to to TaxpayerAdvocate.IRS.gov/about-us/Low- Form1040X for information and updates. help you understand what these rights mean to Income-Taxpayer-Clinics-LITC or see IRS Pub. you and how they apply. These are your rights. 4134, Low Income Taxpayer Clinic List. Checking the status of your amended re- Know them. Use them. turn. Go to IRS.gov/WMAR to track the status of Form 1040-X amended returns. What Can TAS Do for You? Taxpayer Assistance Note. It can take up to 3 weeks from the Outside the United date you filed your amended return for it to TAS can help you resolve problems that you show up in our system, and processing it can can’t resolve with the IRS. And their service is States take up to 16 weeks. free. If you qualify for their assistance, you will be assigned to one advocate who will work with If you are outside the United States, Understanding an IRS notice or letter you throughout the process and will do every- you can call 267-941-1000 (Eng- you’ve received. Go to IRS.gov/Notices to thing possible to resolve your issue. TAS can lish-speaking only). This number is not find additional information about responding to help you if: toll free. an IRS notice or letter. • Your problem is causing financial difficulty for you, your family, or your business; Fax 681-247-3101 (for international tax Note. You can use Schedule LEP (Form • You face (or your business is facing) an account issues only). 1040), Request for Change in Language Prefer- immediate threat of adverse action; or ence, to state a preference to receive notices, • You’ve tried repeatedly to contact the IRS If you wish to write instead of calling, letters, or other written communications from but no one has responded, or the IRS please address your letter to: the IRS in an alternative language. You may not hasn’t responded by the date promised. immediately receive written communications in Internal Revenue Service the requested language. The IRS’s commitment How Can You Reach TAS? International Accounts to LEP taxpayers is part of a multi-year timeline Philadelphia, PA 19255-0725 that is scheduled to begin providing translations TAS has offices in every state, the District of U.S.A. in 2023. You will continue to receive communi- Columbia, and Puerto Rico. Your local advo- cations, including notices and letters in English cate’s number is in your local directory and at until they are translated to your preferred lan- TaxpayerAdvocate.IRS.gov/Contact-Us. Additional contacts for taxpayers who live out- guage. side the United States are available at You can also call them at IRS.gov/uac/Contact-My-Local-Office- Contacting your local IRS office. Keep in 877-777-4778. Internationally. mind, many questions can be answered on IRS.gov without visiting an IRS TAC. Go to Taxpayer Advocate Service (TAS). If you IRS.gov/LetUsHelp for the topics people ask How Else Does TAS Help live outside of the United States, you can con- about most. If you still need help, IRS TACs Taxpayers? tact TAS at: provide tax help when a tax issue can’t be han- dled online or by phone. All TACs now provide Internal Revenue Service service by appointment, so you’ll know in ad- TAS works to resolve large-scale problems that vance that you can get the service you need affect many taxpayers. If you know of one of Taxpayer Advocate Service without long wait times. Before you visit, go to these broad issues, report it to them at IRS.gov/ City View Plaza, 48 Carr 165, 5th floor, IRS.gov/TACLocator to find the nearest TAC SAMS. Suite 200, Guaynabo, P.R. 00968-8000 and to check hours, available services, and ap- pointment options. Or, on the IRS2Go app, un- TAS for Tax Professionals You can call TAS toll free at der the Stay Connected tab, choose the Con- 877-777-4778. If you live outside of the tact Us option and click on “Local Offices.” TAS can provide a variety of information for tax United States, you can call TAS at professionals, including tax law updates and 787-522-8601 in English or 787-522-8600 in The Taxpayer Advocate guidance, TAS programs, and ways to let TAS Spanish. know about systemic problems you’ve seen in Service (TAS) Is Here To your practice. For more information on TAS and contacts if Help You you are outside of the United States, go to IRS.gov/Advocate/Local-Taxpayer-Advocate/ What Is TAS? Low Income Taxpayer Contact-Your-Local-Taxpayer-Advocate. TAS is an independent organization within the Clinics (LITCs) IRS that helps taxpayers and protects taxpayer rights. Their job is to ensure that every taxpayer LITCs are independent from the IRS. LITCs is treated fairly and that you know and under- represent individuals whose income is below a stand your rights under the Taxpayer Bill of certain level and need to resolve tax problems Rights. with the IRS, such as audits, appeals, and tax collection disputes. In addition, LITCs can pro- vide information about taxpayer rights and re- How Can You Learn About Your sponsibilities in different languages for individu- Taxpayer Rights? als who speak English as a second language. The Taxpayer Bill of Rights describes 10 basic Services are offered for free or a small fee for rights that all taxpayers have when dealing with eligible taxpayers. To find an LITC near you, go Page 28 Publication 54 (2022) |
Page 29 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Questions and Answers This section answers tax-related 4) I was sent abroad by my com- U.S. taxpayers overseas have the you file the Form 1040 or 1040-SR questions commonly asked by tax- pany in November of last year. I same requirements for paying esti- by the date approved on Form payers living abroad. plan to secure an extension of mated tax as those in the United 2350, because a return filed after Filing time on Form 2350 to file my tax States. See the discussion under that date may be subject to a fail- Requirements—Where, return for last year because I ex- Estimated Tax Payments in chap- ure-to-file penalty. When, and How pect to qualify for the foreign ter 1. earned income exclusion under If you will not qualify under the the physical presence test. How- Overseas taxpayers should not bona fide residence test until a date 1) When are U.S. income tax re- ever, if my company recalls me include in their estimated income later than the extension granted un- turns due? to the United States before the any income they receive that is, or der the physical presence rule, ap- end of the qualifying period and I will be, exempt from U.S. taxation. ply for a new extension to a date 30 Generally, for calendar year taxpay- find I will not qualify for the ex- Overseas taxpayers can deduct days beyond the date you expect to ers, U.S. income tax returns are due clusion, how and when should I their estimated housing deduction in qualify as a bona fide resident. on April 15. If you are a U.S. citizen file my return? figuring their estimated tax. or resident and both your tax home 12) I am a U.S. citizen who and your abode are outside the Uni- If your regular filing date has The first installment of estimated worked in the United States for 6 ted States and Puerto Rico on the passed, you should file a return, tax is due on April 15 of the year for months last year. I accepted em- regular due date, an automatic ex- Form 1040 (Form 1040 or 1040-SR which the income is earned. ployment overseas in July of last tension is granted to June 15 for fil- for 2022), as soon as possible for year and expect to qualify for the ing the return. Interest will be last year. Include a statement with 8) Will a check payable in foreign foreign earned income exclu- charged on any tax due, as shown this return noting that you have re- currency be acceptable in pay- sion. Should I file a return and on the return, from April 15. turned to the United States and ment of my U.S. tax? pay tax on the income earned in won’t qualify for the foreign earned the United States during the first 2) I am going abroad this year income exclusion. You must report Generally, only U.S. currency is ac- 6 months and then, when I quali- and expect to qualify for the for- your worldwide income on the re- ceptable for payment of income tax. fy, file another return covering eign earned income exclusion. turn. If you paid a foreign tax on the However, if you are a Fulbright the last 6 months of the year? How can I secure an extension of income earned abroad, you may be grantee, see Fulbright Grant in time to file my return, when able to either deduct this tax as an chapter 1. No. You have the choice of one of should I file my return, and what itemized deduction or claim it as a the following two methods of filing forms are required? credit against your U.S. income tax. 9) I have met the test for physical your return. presence in a foreign country a) You should file Form 2350 by the However, if you pay the tax due and am filing returns for 2 years. a) You can file your return when due date of your return to request after the regular due date, interest Must I file a separate Form 2555 due under the regular filing rules, re- an extension of time to file. Form will be charged from the regular due with each return? port all your income without exclud- 2350 is a special form for those U.S. date until the date the tax is paid. ing your foreign earned income, and citizens or residents abroad who ex- Yes. A Form 2555 must be filed with pay the tax due. After you have pect to qualify for the foreign earned 5) I am a U.S. citizen and have no each Form 1040 or 1040-SR tax re- qualified for the exclusion, you can income exclusion or the housing ex- taxable income from the United turn on which the benefits of income file an amended return, Form clusion or deduction under either States, but I have substantial in- earned abroad are claimed. 1040-X, accompanied by Form the bona fide residence test or come from a foreign source. Am 2555, for a refund of any excess tax physical presence test and would I required to file a U.S. income 10) Does a Form 2555 with a paid. like to have an extension of time to tax return? Schedule C or Form W-2 attach- delay filing until after they have ed constitute a return? b) You can postpone the filing of qualified. Yes. All U.S. citizens and resident your tax return by applying on Form b) If the extension is granted, aliens are subject to U.S. tax on No. The Form 2555, Schedule C, 2350 for an extension of time to file you should file your return after you their worldwide income. If you paid and Form W-2 are merely attach- to a date 30 days beyond the date qualify, but by the approved exten- taxes to a foreign government on in- ments and do not relieve you of the you expect to qualify under either sion date. come from sources outside the Uni- requirement to file a Form 1040 or the bona fide residence test or the ted States, you may be able to claim 1040-SR to show the sources of in- physical presence test, then file c) You must file your Form 1040 a foreign tax credit against your U.S. come reported and the exclusions your return reflecting the exclusion or 1040-SR with Form 2555. income tax liability for the foreign or deductions claimed. of foreign earned income. This al- taxes paid. Form 1116 is used to fig- lows you to file only once and saves 3) My entire income qualifies for ure the allowable credit. 11) On Form 2350, Application you from paying the tax and waiting the foreign earned income exclu- for Extension of Time To File for a refund. However, interest is sion. Must I file a tax return? 6) I am a U.S. citizen who has re- U.S. Income Tax Return, I stated charged on any tax due on the post- tired, and I expect to remain in a that I would qualify for the for- poned tax return, but interest is not Generally, yes. Every U.S. citizen or foreign country. Do I have any eign earned income exclusion paid on refunds paid within 45 days resident who receives income must further U.S. tax obligations? under the physical presence after the return is filed. file a U.S. income tax return unless test. If I qualify under the bona total income without regard to the Your U.S. tax obligation on your in- fide residence test, can I file my 13) I am a U.S. citizen. I have foreign earned income exclusion is come is the same as that of a retired return on that basis? lived abroad for a number of years and recently realized that I below an amount based on filing person living in the United States. should have been filing U.S. in- status. The income levels for filing (See the discussion on filing re- Yes. You can claim the foreign come tax returns. How do I cor- purposes are discussed under Filing quirements in chapter 1 of this publi- earned income exclusion and the rect this oversight in not having Requirements in chapter 1. cation.) foreign housing exclusion or deduc- filed returns for these years? tion under either test as long as you 7) I have been a bona fide resi- meet the requirements. You are not dent of a foreign country for over bound by the test indicated in the File the late returns as soon as pos- 5 years. Is it necessary for me to application for extension of time. sible, stating your reason for filing pay estimated tax? You must be sure, however, that late. For advice on filing the returns, Publication 54 (2022) Page 29 |
Page 30 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. you should contact an IRS repre- indefinite or prolonged period and, 5) Due to illness, I returned to their employees aren’t treated, for sentative. to that end, you are making your the United States before I com- this purpose, as foreign earned in- home in that country. Consideration pleted my qualifying period to come. 14) In 2016, I qualified to exclude is given to the type of quarters occu- claim the foreign earned income my foreign earned income, but I pied, whether your family went with exclusion. Can I figure the exclu- 2) I qualify for the foreign earned did not claim this exclusion on you, the type of visa, the employ- sion for the period I resided income exclusion under the bo- the return I filed in 2017. I paid ment agreement, and any other fac- abroad? na fide residence test. Does my all outstanding taxes with the re- tor pertinent to show whether your foreign earned income include turn. Can I file a claim for refund stay in the foreign country is indefi- No. You aren’t entitled to any exclu- my U.S. dividends and the inter- now? nite or prolonged. sion of foreign earned income be- est I receive on a foreign bank To claim the foreign earned in- cause you did not complete your account? It is too late to claim this refund be- come exclusion or foreign housing qualifying period under either the cause a claim for refund must be exclusion or deduction under this bona fide residence test or physical No. The only income that is foreign filed within 3 years from the date the test, the period of foreign residence presence test. If you paid foreign tax earned income is income from the return was filed or 2 years from the must include 1 full tax year (usually on the income earned abroad, you performance of personal services date the tax was paid, whichever is January 1 – December 31), but may be able to claim that tax as a abroad. Investment income isn’t later. A return filed before the due once you meet this time require- deduction or as a credit against your earned income. However, you must date is considered filed on the due ment, you figure the exclusions and U.S. tax. include it in gross income reported date. the deduction from the date the resi- on your Form 1040 or 1040-SR. dence actually began. 6) Can a resident alien of the Meeting the Requirements United States qualify for an ex- 3) My company pays my foreign of Either the Bona Fide 3) To meet the qualification of clusion or deduction under the income tax on my foreign earn- Residence Test or the “an uninterrupted period that in- bona fide residence test or the ings. Is this taxable compensa- Physical Presence Test cludes an entire tax year,” do I physical presence test? tion? have to be physically present in 1) I recently came to Country X a foreign country for the entire Resident aliens of the United States Yes. The amount is compensation to work for the Orange Tractor year? can qualify for the foreign earned in- for services performed. The tax paid Co. and I expect to be here for 5 come exclusion, the foreign housing by your company should be repor- or 6 years. I understand that No. “Uninterrupted” refers to the exclusion, or the foreign housing de- ted on Form 1040 or 1040-SR, upon the completion of 1 full bona fide residence proper and not duction if they meet the require- line 1h, and on Form 2555, Part IV, year I will qualify for an exclu- to the physical presence of the indi- ments of the physical presence test. line 22f. sion or deduction under the bo- vidual. During the period of bona Resident aliens who are citizens or na fide residence test. Is this fide residence in a foreign country, nationals of a country with which the 4) I live in an apartment in a for- correct? even during the first full year, you United States has an income tax eign city for which my employer can leave the country for brief and treaty in effect can also qualify un- pays the rent. Should I include in Not necessarily. The law provides temporary trips back to the United der the bona fide residence test. my income the cost to my em- that to qualify under this test for the States or elsewhere for vacation, or ployer ($1,200 a month) or the foreign earned income exclusion, even for business. To preserve your 7) On August 13 of last year, I fair market value of equivalent the foreign housing exclusion, or the status as a bona fide resident of a left the United States and arrived housing in the United States foreign housing deduction, a person foreign country, you must have a in Country Z to work for the Gor- ($800 a month)? must be a bona fide resident of a clear intention of returning from don Manufacturing Company. I foreign country or countries for an those trips, without unreasonable expected to be able to exclude You must include in income the fair uninterrupted period that includes delay, to your foreign residence. my foreign earned income under market value (FMV) of the facility the physical presence test be- provided, where it is provided. This an entire tax year. cause I planned to be in Country will usually be the rent your em- 4) I am a U.S. citizen and during If, like most U.S. citizens, you file 2021 was a bona fide resident of Z for at least 1 year. However, I ployer pays. Situations when the your return on a calendar-year ba- Country X. On January 15, 2022, was reassigned back to the Uni- FMV is not included in income are sis, the tax year referred to in the I was notified that I was to be as- ted States and left Country Z on discussed in chapter 4 under Exclu- law would be from January 1 to De- signed to Country Y. I was recal- July 1 of this year. Can I exclude sion of Meals and Lodging. cember 31 of any particular year. led to New York for 90 days of any of my foreign earned in- Unless you established residence in orientation and then went to come? 5) My U.S. employer pays my sal- Country X on January 1, it would be Country Y, where I have been ary into my U.S. bank account. Is more than 1 year before you would since. Although I was not in No. You can’t exclude any of the in- this income considered earned be a bona fide resident of a foreign Country Y on January 1, I was a come you earned in Country Z be- in the United States or is it con- country. Once you have completed bona fide resident of Country X cause you were not in a foreign sidered foreign earned income? your qualifying period, however, you and was in Country Y on Decem- country for at least 330 full days as are entitled to exclude the income or ber 31, 2022. My family remained required under the physical pres- If you performed the services to to claim the housing exclusion or in Country X until completion of ence test. earn this salary outside the United deduction from the date you estab- the orientation period, and my States, your salary is considered lished bona fide residence. household goods were shipped Foreign Earned Income earned abroad. It does not matter directly to my new post. Am I a that you are paid by a U.S. em- 2) I understand the physical bona fide resident of a foreign 1) I am an employee of the U.S. ployer or that your salary is depos- presence test to be simply a mat- country for 2022, or must I wait Government working abroad. ited in a U.S. bank account in the ter of being physically present in for the entire year of 2023 to be- Can all or part of my government United States. The source of salary, a foreign country for at least 330 come one? income earned abroad qualify for wages, commissions, and other per- days within 12 consecutive the foreign earned income exclu- sonal service income is the place months; but what are the criteria Because you did not break your pe- sion? where you perform the services. of the bona fide residence test? riod of foreign residence, you would 6) What is considered a foreign continue to be a bona fide resident No. The foreign earned income ex- country? To be a bona fide resident of a for- of a foreign country for 2022. clusion applies to your foreign eign country, you must show that earned income. Amounts paid by For the purposes of the foreign you entered a foreign country in- the United States or its agencies to tending to remain there for an earned income exclusion and the Page 30 Publication 54 (2022) |
Page 31 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. foreign housing exclusion or deduc- consecutive months during which The part of a tier 1 railroad retire- tion, any territory under the sover- those days occur. ment benefit that is equivalent to the Income Tax Withholding eignty of a country other than the social security benefit you would United States is a foreign country. 3) Is it true that my foreign have been entitled to receive if the U.S. territories are not treated as earned income exclusion cannot railroad employee's work had been 1) How can I get my employer to foreign countries. exceed my foreign earned in- covered under the social security stop withholding federal income come? system rather than the railroad re- taxes from wages while I am 7) What is the source of earned tirement system is treated the same overseas and eligible for the for- income? Yes. The amount of the exclusion is as a social security benefit, dis- eign earned income exclusion? limited each year to the amount of cussed above. File a statement in duplicate with The source of earned income is the your foreign earned income after re- The other part of a tier 1 benefit your employer stating that withhold- place where the work or personal ducing that income by the foreign that is not considered a social se- ing should be reduced because you services that produce the income housing exclusion. The foreign curity equivalent benefit is treated meet the bona fide residence test or are performed. In other words, in- earned income must be earned dur- like a private pension or annuity, as physical presence test. Also, see come received for work in a foreign ing the part of the tax year that you are tier 2 railroad retirement bene- the following question. country has its source in that coun- have your tax home abroad and fits. Pensions and annuities are ex- try. The foreign earned income ex- meet either the bona fide residence plained in chapter 4 under Earned 2) Does the IRS provide forms to clusion and the foreign housing ex- test or the physical presence test. and Unearned Income. Vested dual be used by employees request- clusion or deduction are limited to benefits and supplemental annuities ing employers to stop withhold- earned income from sources within 4) My wife and I are both em- foreign countries. ployed, reside together, and file are also treated like private pen- ing income tax from wages they a joint return. We meet the quali- sions, but are fully taxable. expect to be excluded as income earned abroad? fications for claiming the foreign The proper amounts of the social Foreign Earned Income earned income exclusion. Do we security equivalent part of tier 1 ben- Exclusion each figure a separate foreign efits and any special guaranty bene- Yes. Form 673 is a sample state- earned income exclusion and fits are shown on the Form ment that can be used by individu- 1) I qualify for the foreign earned foreign housing exclusion? RRB-1099 that you receive from the als who expect to qualify for the for- income exclusion and earned eign earned income exclusion under more than $112,000 during 2022. Railroad Retirement Board. The tax- Am I entitled to the maximum You figure your foreign earned in- able amounts of the non-social se- the bona fide residence test or the $112,000 exclusion? come exclusion separately because curity equivalent part of tier 1, tier 2, physical presence test. you both have foreign earned in- vested dual benefits, and supple- come. The amount of the exclusion mental annuities are shown on the 3) I am a U.S. citizen residing Not necessarily. Although you qual- for each of you can’t exceed your Form RRB-1099-R that you receive overseas, and I receive dividend ify for the foreign earned income ex- separate foreign earned incomes. from the Railroad Retirement Board. and interest income from U.S. clusion, you may not have met ei- sources from which tax is being ther the bona fide residence test or You must figure your housing ex- withheld at a rate of 30%. How the physical presence test for your clusion jointly. See Married Couples Social Security Tax and can I have this situation correc- entire tax year. If you didn’t meet ei- in chapter 4 for further details. Self-Employment Tax ted? ther of these tests for your entire tax 1) I am a minister with earned in- File Form W-9 (indicating that you year, you must prorate the maxi- Social Security and come from abroad and expect to are a U.S. citizen) with the withhold- mum exclusion based on the num- Railroad Retirement qualify for the foreign earned in- ing agents who are paying you the test during the year. ber of days that you did meet either Benefits come exclusion. How do I pay dividends and interest. This is their my self-employment tax? 2) How do I qualify for the for- 1) Are U.S. social security bene- authority to stop withholding the eign earned income exclusion? fits taxable? 30% income tax at the source on File a Form 1040 or 1040-SR with payments due to you. Schedule SE (Form 1040) and Form To be eligible, you must have a tax Benefits received by U.S. citizens 2555. Figure your self-employment 4) As a U.S. citizen receiving div- home in a foreign country and be a and resident aliens may be taxable, tax on Schedule SE (Form 1040) idend and interest income from U.S. citizen or resident alien. You depending on the total amount of in- and enter it on Schedule 2 (Form the United States from which tax must be either a bona fide resident come and the filing status of the tax- 1040) as the tax due with the return. has been withheld, do I report of a foreign country or countries for payer. Under certain treaties, U.S. the net dividend and interest in- an uninterrupted period that in- social security benefits are exempt 2) Because I expect to qualify for come on my return, or do I report cludes an entire tax year, or you from U.S. tax if taxed by the country the foreign earned income exclu- the gross amount and take credit must be physically present in a for- of residence. sion, I have requested and re- for the tax withheld? eign country or countries for at least Benefits similar to social security ceived an extension of time until 330 full days during any period of 12 received from other countries by January 30, 2024, to file my 2022 You must report the gross amount consecutive months. U.S. citizens U.S. citizens or residents may be return. However, since I will be of the income received and take a may qualify under either test. The taxable. (Refer to U.S. tax treaties paying self-employment tax on tax credit for the tax withheld. This is physical presence test applies to all with various countries for any bene- my spouse's income, should I to your advantage because the tax resident aliens, while the bona fide fit granted by the treaty.) file a 2022 return when due, pay withheld is deducted in full from the residence test applies to resident the self-employment tax, and tax due. It is also advisable to attach aliens who are citizens or nationals 2) As a U.S. citizen or resident then file another return when I a statement to your return explain- of a country with which the United alien, how do I figure the amount qualify for the exclusion? ing this tax credit so there will be no States has an income tax treaty in of my U.S. social security bene- question as to the amount of credit effect. fits to include in gross income? No. You don’t need to file a 2022 allowable. Form 1040 or 1040-SR (the regular Your tax home must be in the income tax return) when due if you foreign country or countries through- See Pub. 915 to figure if any of your Deductions out your period of residence or pres- benefits are includible in income. have received an extension. In- stead, you should pay enough esti- ence. For this purpose, your period 3) How are railroad retirement mated tax to cover the self-employ- 1) Can I claim a foreign tax credit of physical presence is the 330 full benefits taxed? ment tax and any income tax that even though I do not itemize de- days during which you are present would be due after taking out the ductions? in a foreign country, not the 12 amount of excludable income. Publication 54 (2022) Page 31 |
Page 32 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Yes. You can claim the foreign tax General Tax Questions 6) I am a U.S. citizen stationed foreign earned income or foreign credit even though you don’t itemize abroad. I made a personal loan housing exclusion, or the foreign deductions. 1) Can IRS personnel recom- to a nonresident alien who later housing deduction. mend tax practitioners who pre- went bankrupt. Can I claim a bad 2) I had to pay customs duty on pare returns? debt loss for this money? 11) Last May, my employer trans- a few things I brought back with ferred me to our office in Puerto me from Europe last summer. No. IRS employees aren’t permitted Yes. The loss should be reported as Rico. I understand that my salary Can I include customs fees with to recommend tax practitioners who a short-term capital loss on Sched- earned in Puerto Rico is tax ex- my other deductible taxes? prepare income tax returns. ule D (Form 1040). You have the empt. Is this correct? burden of proving the validity of the No. Customs duties, like federal ex- 2) I just filed my return. How do I loan, the subsequent bankruptcy, As long as your employer is not the cise taxes, aren’t deductible. check the status of my refund? and the recovery or nonrecovery U.S. Government, all income from from the loan. sources within Puerto Rico is ex- 3) What types of foreign taxes See Refund Information in your tax empt from U.S. tax if you are a bona are deductible? return instructions. 7) With which countries does the fide resident of Puerto Rico during United States have tax treaties? the entire tax year. The income you Generally, foreign income taxes are 3) I haven’t received my refund received from Puerto Rican sources deductible as itemized deductions. from last year's return. Can I Table 3 under the list of tax treaty the year you moved to Puerto Rico Foreign income taxes are deducti- claim the credit against this tables at IRS.gov/Individuals/ is not exempt. The tax paid to Pu- ble only if you do not claim the for- year's tax? International-Taxpayers/Tax-Treaty- erto Rico in the year you moved to eign tax credit. Foreign income Tables lists those countries with Puerto Rico can be claimed as a for- taxes paid on excluded income No. That would cause problems to which the United States has income eign tax credit on Form 1116. aren’t deductible as an itemized de- both years' returns. If your last tax treaties. 12) I am a U.S. citizen married to duction. year's refund is overdue, call or a nonresident alien. Can I qualify write the IRS. If you write to the IRS, 8) I am a retired U.S. citizen liv- Other foreign taxes, such as real be sure to include your social secur- ing in Europe. My only income is to use the head of household tax property or personal property taxes, ity number (or individual taxpayer from U.S. sources on which I pay rates? are only deductible if you incurred identification number) in the letter. U.S. taxes. I am taxed on the the expenses in a trade or business same income in the foreign Yes. Although your nonresident or in the production of income. 4) I forgot to include interest in- country where I reside. How do I alien spouse cannot qualify you as a come when I filed my return last avoid double taxation? head of household, you may qualify Note. Foreign income taxes are week. What should I do? if you maintain a household for a usually claimed under the credit pro- If you reside in a country that has an qualifying child or other relative. more advantageous in most cases. To correct a mistake of this sort, you visions, if they apply, because this is income tax treaty with the United If your spouse was a nonresi- should prepare Form 1040-X. In- States, the treaty will generally con- dent alien at any time during the Scholarship and clude the omitted interest income, tain provisions to eliminate double year and you do not choose to treat Fellowship Grantees refigure the tax, and send the form taxation. Many treaties will provide your nonresident alien spouse as a as soon as possible along with any reduced rates for various types of resident alien, then you are treated 1) I am a Fulbright grantee. What additional tax due to the Internal income. Treaties often provide re- as unmarried for head of household documentation must I attach to Revenue Service Center where you ciprocal credits in one country for purposes. You must have another my return? filed your return. You may also be the tax paid to the other country. qualifying person and meet the able to file your Form 1040-X elec- Nontreaty countries, depending on other tests to be eligible to file as a) There are no special tax forms for tronically. their laws, may give the same type head of household. You can use the Fulbright grantees. File on a regular of credit. head of a household column in the Form 1040 or 1040-SR. Use Form 1040-X to correct an If double taxation with a treaty Tax Table or Section D of the Tax individual Form 1040 or 1040-SR in- country exists and you cannot re- Computation Worksheet. b) If you claim exemption as a come tax return filed for any year for solve the problem with the tax au- scholarship or fellowship grantee, which the period of limitations has thorities of the foreign country, you It may be advantageous to submit brochures and correspond- not expired (usually 3 years after the can contact the U.S. competent au- choose to treat your nonresident ence describing the grant and your due date of the return filed, or 2 thority for assistance. See chapter 6 alien spouse as a U.S. resident and duties. years after the tax was paid, which- for information on requesting con- file a joint income tax return. Once ever is later). sideration. you make the choice, however, you c) If you are located in a foreign must report the worldwide income of country and wish to pay tax in for- 5) I am a U.S. citizen and, be- 9) My total income after claiming both yourself and your spouse. eign currency, you should submit a cause I expect to qualify for the the foreign earned income and certified statement showing that you foreign earned income exclu- housing exclusions consists of For more information on head of were a Fulbright grantee and at sion, all my foreign income $5,000 taxable wages. Am I enti- household filing status, get Pub. least 70% of the grant was paid in (which consists solely of salary) tled to claim the earned income 501. nonconvertible foreign currency. will be exempt from U.S. tax. Do I credit? Penalties and Interest get any tax benefit from income 2) I taught and lectured abroad tax I paid on this salary to a for- under taxable grants. What ex- eign country during the tax year? No. If you claim the foreign earned 1) Does the June 15 extended income exclusion, the foreign hous- due date for filing my return be- penses can I deduct? ing exclusion, or the foreign housing cause both my tax home and my No. You can’t take either a tax credit deduction, you can’t claim the abode are outside the United You may be able to deduct your or a tax deduction for foreign in- earned income credit. States and Puerto Rico on the travel, meals, and lodging expenses come taxes paid on income that is regular due date relieve me from if you are temporarily absent from exempt from U.S. tax because of 10) I am claiming the foreign having to pay interest on tax not your regular place of employment. the foreign earned income exclu- earned income exclusion. Can I paid by April 15? For more information about deduct- sion. take the additional child tax ing travel, meals, and lodging ex- credit? No. An extension, whether an auto- penses, see Pub. 463, Travel, Gift, matic extension or one requested in and Car Expenses. No. You can’t take the additional writing, does not relieve you of the child tax credit if you claim either the payment of interest on the tax due Page 32 Publication 54 (2022) |
Page 33 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. as of April 15 following the year for No. If you file a return before you time to file on Form 2350, or by pay- which the return is filed. The interest qualify for the exclusion, you must ing enough estimated tax to cover should be included in your payment. report all income, including all in- any tax that you expect will be due come for services performed on the return. 2) If I wait to file my return until I abroad, and pay tax on all of it. After qualify for the foreign earned in- you meet the qualifications, you can come exclusion, I will be charg- file a claim for refund by excluding ed interest on the U.S. tax I will the income earned abroad. If you owe. To avoid being charged in- defer the filing of your return, you terest, can I file my return on can avoid interest on tax due on time, reporting only my taxable your return to be filed by paying the income, excluding my salary for tax you estimate you will owe with services abroad that will be ex- your request for an extension of empt after I have met the qualifi- cations? Publication 54 (2022) Page 33 |
Page 34 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Exclusion Paid on excluded income 23 Individual retirement A Foreign earned income 18 19, Form arrangements (IRAs) 23 Alien: Housing 21 1040-ES 8 Investment income, treaty Resident 2 Meals and lodging 18 1040-X 5 7, benefits for 25 American Institute in Taiwan, U.S. territories 13 1116 23 U.S. employees of 17 Extensions 2032 9 L American Samoa, territory Filing income tax return 4 2350 5 Limit on exclusion 13 Meeting bona fide residence or 2555 19 22, Foreign housing deduction 21 Apprentices, treaty benefits physical presence test 4 3115 5 Housing expenses 20 for 25 4361 10 Income exclusion 18 19, Assistance (See Tax help) F 4563 13 Lodging, exclusion of 18 Fellowships 16 4868 4 B Figuring actual tax 5 673 8 M Bilateral social security Figuring estimated tax on 8689 6 agreements 9 nonconvertible foreign W-4 8 Married couples 21 Blocked income 5 currency 6 Frequently asked questions Meals and lodging, exclusion Bona fide residence test Filing information (FAQs) 29 33- of 18 Defined 13 Estimated tax 8 Fulbright grant 5 32, Moving: Reimbursement of expenses 17 First year 14 Filing requirements 3 Last year 14 Nonresident spouse treated as G N Meeting the requirements 30 resident 7 General tax questions 32 Qualifying for 13 14, Filing requirements Green card test 2 Nonresident spouse Treaty provisions 13 By filing status 3 Guam: Social security number 7 Voting by absentee ballot 13 Foreign currency 5 Residents of 6 Treated as resident 7 Waiver of time requirements 15 When to file and pay 4 29, Territory exclusion 13 Northern Mariana Islands: Where to file 6 29, Where to file 6 Residents of 6 Foreign Territory exclusion 13 C Camps 18 Where to file 6 Camps, foreign 18 Country, defined 12 H Carryover of housing Currency 5 Housing P deduction 21 Earned income 15 18 30- , Amount 20 21, Child tax credit 20 21, Household, second 20 Deduction 20 21, Part-year exclusion 19 Choosing the exclusion 19 Foreign currency, deposit with Exclusion 20 21, Pay for personal services 15 25, Clergy, self-employment tax disbursing officer 6 Expenses 20 Paying U.S. tax in foreign on 10 Foreign earned income currency 5 Payment of tax 4 Community income 19 Defined 15 18- I Penalties and interest 32 Competent authority U.S. Government assistance 25 employees 17 18, Income Pensions and annuities: Contributions: Foreign earned income Apprentices, treaty benefits Income from 16 25, To foreign charitable exclusion for 25 Withholding from 9 organizations 22 Choosing 19 Artist 16 Physical presence test To IRAs 23 Defined 18 Blocked 5 12-month period 14 Conventions, income tax 25 Earned income credit 20 Community 19 Defined 14 Credit Foreign tax credit 19 Corporation 16 Maximum exclusion 19 Earned income 20 21, Income received after year Earned 15 18 30- , Meeting the requirements 30 Foreign tax 8 23 24, , earned 18 19, Employer's property or facilities, Waiver of time requirements 15 Related to excluded income 22 Limit 18 19 31, , use of 16 Professors, treaty benefits Currency: Maximum exclusion 18 19, Investment, treaty benefits for 25 Foreign 5 Part-year exclusion 19 for 25 Publications (See Tax help) Physical presence test, Partnership 16 Puerto Rico: D maximum exclusion 19 Pensions and annuities 16 25, Residents of 13 Requirements 11 18- Personal service, treaty benefits Territory exclusion Deductions Revoking choice 20 for 25 Contributions to foreign Foreign housing exclusion: Professional fees 16 charitable organizations 22 Professors, treaty benefits Q Foreign taxes 23 25 31- , Earned income credit 21 for 25 Questions and answers 29 33- Housing, foreign 21 Foreign tax credit 21 Railroad retirement benefits 31 IRA contributions 23 Foreign housing exclusion/ Reimbursement of employee R deduction expenses 16 Related to excluded income 22 Carryover of deduction 21 Reimbursement of moving Railroad retirement benefits 31 Reporting 24 Deduction, figuring 21 expenses 17 Reimbursement: Deposit of foreign currency with Exclusion, figuring 21 Rental 16 Accountable plan 16 disbursing officer 6 Housing amount 20 Royalties 16 Employee expenses 16 Housing expenses 20 Social security benefits 31 Moving expenses 17 E Married couples 21 Sole proprietorship 16 Resident alien defined 2 Earned income Requirements 11 18- Source of 15 Revoking choice to exclude 20 Foreign 15 18 30, , Second foreign household 20 Stock options 16 Source of 15 Foreign tax credit: Students, treaty benefits for 25 S Types of 16 17, Earned income exclusion 19 21, Teachers, treaty benefits for 25 Scholarship and fellowship Earned income credit 20 21, Foreign taxes Trainees, treaty benefits for 25 grants 32 Employer-provided amounts 21 Credit for 8 23 24, , Unearned 16 Scholarships 16 Estimated tax 8 Deduction for 23 24 31, , Indefinite assignment 12 Page 34 Publication 54 (2022) |
Page 35 of 35 Fileid: … ations/p54/2022/b/xml/cycle01/source 9:42 - 8-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Second foreign household 20, Tax help 26 When to file and pay 4 29, 21 Tax home 11 12, U Where to file: Self-employment tax: Tax treaties: U.S. Government employees 17, Claiming exclusion/deduction 6 Clergy 10 Benefits of 25 18 Commonwealth of the Northern Exemption from 10 Competent authority U.S. Virgin Islands: Mariana Islands residents 6 How to pay 31 assistance 25 Residents of 13 Guam residents 6 Who must pay 10 Determining residence 13 Territory exclusion 13 No legal residence in U.S. 6 Social security and Medicare Obtaining copies of 26 Virgin Islands residents, taxes 9 Purpose of 25 nonresidents 6 Social security benefits 31 Teachers, treaty benefits for 25 V Withholding: Social security number: Temporary assignment, Virgin Islands: Income tax 8 31, Nonresident spouse 7 expenses 12 Nonresidents of 6 Pension payments 9 Source of earned income 15 Totalization agreements 9 Residents of 6 Students, treaty benefits for 25 Trainees, treaty benefits for 25 Where to file 6 Substantial presence test 2 Travel restrictions 15 Treaties (See Tax treaties) W T Waiver of time requirements 15 Taiwan, American Institute in 17 Publication 54 (2022) Page 35 |